Legal fraternity divided over increased SC judges

ISLAMABAD:

Timing of the proposed legislation on the increase of Supreme Court judges is raising serious doubts among the legal fraternity. With judicial politics in full swing among the superior judiciary after the July 12 short order in the reserved seats case, national politics is also seemingly linked, and the Supreme Court is divided on the matter.

It is visible that one camp has the majority in the apex court. There is perception that in order to give majority to the other camp, the PML-N government is increasing the number of SC judges. Chief Justice of Pakistan (CJP) Qazi Faez Isa is retiring on October 25, but the PML-N government wants that he should remain in office for the continuity of the present system.

However, CJP Isa has made it clear that he is not interested in an extension through person specific legislation. However, he may continue if parliament extends the retirement age of every superior court judge for three years.

PML-N Leader Rana Sanaullah has admitted that the government wants his extension, but they are falling short of numbers in parliament to amend the Constitution. Despite this, the PML-N is not issuing a notification naming Justice Syed Mansoor Ali Shah as the future chief justice of Pakistan.

On the other hand, the appointment of superior court judges during the last two months of CJP Isa's tenure will create serious doubts. PML-N disagreed with party leadership policy toward the next CJP Syed Mansoor Shah. "We should not offend four future chief justices," he adds.

He said that lawyers are high courts judges and would also hope that their appointments be made within a normal timeframe. "They will not want that their appointments, at this stage, will offend future chief justices."

Senior lawyer Chaudhry Aitzaz Ahsan believes that it is an attempt to get a majority of preferred judges in the Supreme Court.

JUI-F top legal mind Kamran Murtaza also had doubts over the timing of the proposed legislation. He, however, adds that judges' numbers at the SC could have increased under normal circumstances.

PTI lawyer Barrister Taimur Malik says that the intentions behind the proposed increase in the strength of the Judges of the Supreme Court don't appear to be in the interest of litigants, but rather a move intended to favour the government.

"If the concern was genuinely about resolving of pending cases, then the government would first talk about filling the 24 vacant seats of judges at the Lahore High Court," he adds.

One section of lawyers believes that the proposed legislation is nothing more than a pressure tactic on the future CJP, compelling him to ensure the security of the present system.

Political parties, especially PTI and PML-N, have targeted superior court judges in recent years whenever the judiciary issued verdicts that did not go in their favour. The judges who resist "powerful circles" in high-profile cases have also faced tough times, sometimes in the shape of misconduct allegations and subsequent trials at the Supreme Judicial Council (SJC).

Now when the superior judiciary, especially the apex court, is divided along ideological lines, it is easy for the political parties and the establishment to target particular judges.

Even some judges have given "these opponents" a chance by issuing controversial judicial or administrative orders. At the apex court, some senior judges have also been questioning each other's conduct, a practice that weakens the judiciary.

Lawyers agree that grouping within SC has weakened the institution. They say judges should think beyond themselves for the betterment of the institution.

Barrister Asad Rahim Khan said that increasing the number of judges will always be a red herring, given that the legal system's main problem has always been an excessive institution of cases (mostly to do with land), a culture of delay, and endless appellate fora. Yet these aspects remain mostly untouched.

"Then again, the intention of the current regime hardly relates to case disposal. Yet another episode of sordid political engineering ensues", he adds.