The Pakistan Tehreek-e-Insaf (PTI) has expressed its apprehensions regarding the appointment of ad hoc judges in the Supreme Court, stating that it poses a significant risk to the independence of the judiciary. The party, founded by Imran Khan, has announced its decision to approach the Supreme Judicial Council (SJC) to convey its reservations about the appointment of ad hoc judges in the highest court of the country. This move comes in response to a proposal put forth by the Judicial Commission of Pakistan (JCP) Chairman and Chief Justice of Pakistan (CJP) Qazi Faez Isa to appoint retired judges in the Supreme Court in order to reduce the backlog of cases.
Addressing the media in Islamabad, PTI Chairman Barrister Gohar Khan emphasized the party’s stance, labelling the appointment of ad hoc judges as detrimental to the independent functioning of the judiciary. He further urged the judges not to escalate the matter into a contentious issue, highlighting the potential implications of such appointments.
PTI Secretary-General Omar Ayub Khan echoed similar sentiments, asserting that the appointment of three to four ad hoc judges would not lead to the resolution of the 56,000 pending cases in the Supreme Court. He expressed concerns about the possibility of creating a group of like-minded judges through these appointments and emphasized that the legal fraternity and political workers disapproved of this decision. Additionally, he appealed to CJP Isa not to refer their cases to ad hoc judges.
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The PTI’s response comes ahead of the scheduled meeting of the Judicial Commission of Pakistan, where the appointment of four retired apex court judges is set to be deliberated upon. However, the willingness of retired judges to serve as ad hoc judges has come into question, as Justice (retd) Baqir declined the offer followed by Justice (retd) Alam’s refusal to work as an ad hoc judge for a three-year term.
The issue of pending cases in the courts has also come to the fore, with the Law and Justice Commission of Pakistan (LJCP) reporting a surge in the number of pending cases to 2.26 million during the latter half of 2023, marking a 3.9% increase in overall pendency. The report revealed that a significant proportion of pending cases were at the district judiciary level, with the rest at the upper tier, including the Supreme Court, Federal Shariat Court, and high courts. While the courts managed to resolve a substantial number of cases, the continual filing of new cases contributed to the escalation of pending cases.
