Ad hoc judges

The Chief Justice of Pakistan’s decision to appoint ad hoc judges to the apex court has hit snags. In an unconventional development, three of the four proposed jurists have declined the offer to serve, and have cited unfavourable public opinion and personal issues as reasons to stay away. Those who have refused to re-don the robes are: Justices retired Maqbool Baqar, Mazhar Alam Mian Khail and Mushir Alam. However, Justice Sardar Tariq Masood is the lone judge onboard. But, it seems, either the Judicial Commission of Pakistan will have to revisit the resolution or slash the proposition altogether as the pick-and-choose has become controversial, and there is a synopsis of political dissent behind it.

Though the intention was to clear the backlog of more than 54,000 cases, awaiting to see the light of the day, the timing of the move and the present orientation of the superior judiciary has acted as a spanner in the works. That mood is quite evident as a request to review the decision of the reserved seats was also shot down by 2-1, and this time the top judge was seen in an isolation. Last but not least, the submission faced criticism from various quarters, including the opposition PTI, which has vowed to challenge it in the Supreme Judicial Council, terming it a mala fide move.

Inducting judges on the eve of court’s annual vacations has conveniently stirred a controversy that it’s an attempt to ‘manage’ pending cases with the “help of like-minded judges”. That argumentative crisscross has apparently served as a vital rationale for the honourable judges to step aside. Likewise, there is a lack of clarity on the part of the government itself as the Law Ministry believes that the Constitution permits the appointment of ad hoc judges, whereas many jurists and political stalwarts beg to differ making it a case of judicial review itself.

The government will be better advised to go slow over this issue, and let the full court come back from vacations to deal with existential matters. Leaping ahead in haste will be tantamount to scuttling justice in the parameters of law and conventions.