Law ministry notifies Justice Sheikh as SC's ad hoc judge

ISLAMABAD:

The Ministry of Law and Justice issued a notification on Monday, appointing Sindh High Court (SHC) Chief Justice Ahmed Ali Sheikh as ad hoc judge of the Supreme Court for one year despite his refusal.

"In exercise of the powers conferred by Article 182 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to accord approval to the appointment of Mr. Justice Ahmed Ali M. Sheikh as an ad-hoc Judge of the Supreme Court of Pakistan, requiring him to attend the sittings of the Supreme Court for a period of one year with effect from the date he makes oath of his office," stated a notification issued by the law ministry.

PHOTO: EXPRESS

 

On August 12, it was reported that Justice Sheikh again refused to become the SC's ad-hoc judge.

"As reported in the press, by a majority decision, the Hon'able Judicial Commission of Pakistan has decided that I am to attend the sitting of the Hon'able Supreme Court of Pakistan as an ad-hoc Judge but subject to my consent. I am humbled by this decision," stated a letter issued by Justice Sheikh on August 10 and available with The Express Tribune.

"In short, I respectfully, do not so consent," the SHC chief justice said.

On August 10, it was reported that with a vote of 5 to 4, the Judicial Commission of Pakistan (JCP) nominated SHC chief justice for the position for one year.

Read Crisis as SHC CJ refuses elevation to apex court

However, Attorney General for Pakistan (AGP) Khalid Javed Khan had supported the nomination subject to the consent of Justice Sheikh, who had already communicated his unwillingness to assume the position.

Earlier, sources revealed to The Express Tribune that at the JCP meeting on August 10, Chief Justice of Pakistan Gulzar Ahmed, Justice Mushir Alam, Justice Umar Ata Bandial and Minister for Law Dr Farogh Naseem voted for nominating the SHC chief justice to the SC without his consent.

Justice Qazi Faez Isa, Justice Maqbool Baqar, Justice (retd) Dost Muhammad Khan and Pakistan Bar Council (PBC) representative Akhtar Hussain, however, strongly opposed the nomination, contending that a high court chief justice cannot be elevated as an ad hoc judge of the apex court.

They argued that under Article 182 of the Constitution only a high court judge can be appointed as the SC's ad hoc judge. The AGP in his three-page written opinion said the SHC chief justice could be appointed as an ad hoc judge subject to his consent.

The sources said Dr Farogh Naseem stated that Article 206 of the Constitution would be applied in case the SHC chief justice refuses to become an ad hoc judge of the apex court.

Article 206 says: “Judge of a high court who does not accept appointment as a judge of the SC shall be deemed to have retired…and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as judge and total service, if any, in the service of Pakistan".

However, other JCP members including the AGP did not agree with the law minister's contention.