Controversy Surrounds Approval of Ad Hoc Judges by Judicial Commission of Pakistan

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Despite intense opposition from certain lawyers and the PTI, the Judicial Commission of Pakistan (JCP) gave the green light to the nomination of two retired Supreme Court judges to serve as ad hoc judges of the apex court for a year.

The JCP held a meeting to review the nominations of the retired judges, with Chief Justice of Pakistan Qazi Faez Isa presiding. By a majority vote of 8 to 1, the JCP approved the nomination of Justice (retired) Sardar Tariq Masood as an ad hoc judge. The nomination of Justice (retired) Mazhar Alam Miankhel was approved by a majority of 6 to 3. Before the meeting, Justice (retired) Miankhel expressed his reluctance to serve as an ad hoc judge due to a social media campaign against his appointment.

It was reported that a majority of JCP members believed that Justice (retired) Miankhel should be asked again for his consent, while three members disagreed, stating that social media pressure might make him unsuitable for the role. Later, government sources confirmed that Justice (retired) Mazhar Alam Miankhel had consented to serve as an ad hoc judge.

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Advocate Abdul Moiz Jaferii criticized the nomination, expressing concerns about a judge admitting difficulties in handling judicial pressure and still being nominated for the role. The JCP also discussed the tenure for ad hoc judges, with suggestions ranging from a three-month to a three-year term.

The entitlement of ad hoc judges to both salary and pension was also debated. Some argued that they should not claim a salary as they are already receiving a pension, while others disagreed. It is anticipated that the government may issue a presidential order to provide both pension and salary to the ad hoc judges.

Justice Munib Akhtar raised legal objections to the nomination of the ad hoc judges, arguing that they would effectively hold the status of permanent judges, citing Article 182 of the Constitution.

The controversy has also involved objections from key opposition leaders and the Pakistan Bar Council, with members from the Professional Group deciding to challenge the appointment of the two ad hoc judges.