Superior judiciary: Lawyers back bill seeking end to ad-hoc judge’s appointment

Argue in Senate panel that it could lead to groupings, nepotism in SC

ISLAMABAD: Representatives of the legal fraternity have backed a proposed amendment in Article 182 of the Constitution which calls for removing a legal provision of temporarily appointing judges to the Supreme Court on an ad-hoc basis.

A Senate Standing Committee on Law and Justice, chaired by Senator Javed Abbasi, had invited representatives of different bar councils on Thursday to provide their input on the proposed constitutional amendment bill.



The issue of the Supreme Court (SC) appointing judges on ad-hoc basis has been discussed at different forums over the past two years. The matter has gained further significance with two retired judges--Tariq Pervez and Justice Khilji Arif Hussain – who have been appointed to the Supreme Court on ad hoc basis for over a year now.

Punjab Bar Association’s Vice President (VP) Muhammad Hussain stated that they had collectively passed a resolution on the issue and unanimously backed the bill’s mover, Senator Babar Awan.

When Abbasi asked what was the prevalent global practice for ah-hoc appointment of judges, Sindh High Court Bar’s VP Salahuddin stated that additional judges can be appointed in emergency situations to clear backlog of pending cases.

Minister for Law and Justice Zahid Hamid contended that only in Pakistan, India and Nepal were judges appointed on ad-hoc basis. He, however, defended the existing law, claiming that the provision for ad-hoc appointments had been laid in the Constitution for a particular reason.

Islamabad High Court Bar Association’s President Tariq Jahangir said he strongly opposed the provision.

“It encourages nepotism and favouritism,” he argued, adding that there was a reason why a retirement age for judges has been fixed, but some had again been appointed after retirement.

At this Salahuddin stated that the provision could lead to grouping in the judges.

The panel also heard Senator Farhatullah Babar’s arguments on his Contempt of Court (Amendment) Bill which seeks to check the misuse of the contempt of court power.

Published in The Express Tribune, April 1^st,  2016.