ISLAMABAD (Web Desk) - President Asif Ali Zardari on Friday approved the appointment of two ad hoc judges in the Supreme Court of Pakistan.
According to a press release issued by the Presidency, the president approved the appointment of two judges in ad hoc capacity under Article 182 of the Constitution.
More to read: JCP approves two former judges in ad hoc capacity for SC
Retired justices Sardar Tariq Masood and Mazhar Alam Miankhel have been appointed ad hoc judges for one year. It is learnt that former judge Mazhar Alam had declined to be part of the apex court but he was still given the role.
JCP APPROVES APPOINTMENTS
Earlier, the Judicial Commission of Pakistan (JCP) approved the appointment of two retired judges in ad hoc capacity ostensibly to help clear the backlog of cases piling up in the apex court.
Chief Justice Qazi Faez Isa presided over the meeting which approved the appointment of Justices Mazhar Alam Miankhel and Sardar Tariq Masood as ad hoc members of the apex court for a one-year period.
Justice Masood’s name was approved with a majority vote of 8-1. Justice Munib Akhtar, a member of the commission, opposed his appointment on technical grounds.
The choice of Justice Miankhel was opposed by senior puisne judge Syed Mansoor Ali Shah, Justice Munib Akhtar and Justice Yahya Afridi.
Justice Akhtar said these retired judges were senior judges of the top judiciary and it seemed inappropriate that they sit alongside junior judges in a junior position on the bench.
NOMINATIONS
Chief Justice of Pakistan Qazi Faez Isa had recommended Mushir Alam, Maqbool Baqar, Mazhar Alam Miankhel and Sardar Tariq Masood for slots of ad hoc judges.
However, retired Justices Mushir Alam, Maqbool Baqar and Mazhar Alam Miankhel declined the offer.
On the other hand, Tariq Masood agreed to be part of the Supreme Court as an ad hoc judge.
Later, according to reports, Justice Miankhel also accepted the offer after initial reluctance.
According to sources, the appointment of an ad hoc judge aims to reduce the burden of pending cases in the apex court. A retired judge can be appointed an ad hoc judge for three years.
GOVT, PTI AT ODDS
The Pakistan Tehreek-e-insaf (PTI) has all along opposed the decision and said it will move the Supreme Judicial Council (SJC) to challenge the appointment of ad hoc judges in the apex court - a move which the party describes as "tantamount to denouncing the freedom of judiciary".
The government, on the other hand, justifies it and says ad hoc judges can be appointed under the law.
Minister for Law Azam Nazir Tarar said "the constitution allows appointment of ad hoc judges and the Judicial Commission of Pakistan, not the chief justice, appoints them."