Appointment of Ad-Hoc Judges: Answers to important questions needed? Your opinion?

There are some fundamental questions regarding the appointment of ad-hoc judges.

1. With the Supreme Court now having the full complement of seventeen judges as constitutionally required, why is there an urgent and sudden need to appoint four ad-hoc judges simultaneously?

2. Even if the idea of ad-hoc judges was considered earlier, why the rush now? Just two weeks ago, the Judicial Commission decided to appoint three new Supreme Court judges, which the Parliamentary Commission confirmed. These three judges have taken their oaths and started their duties, so why the hurry for ad-hoc judges now that the full complement of seventeen judges is complete?

3. Nearly 56,000 cases are pending in the Supreme Court. Court reporters and judicial experts have pointed out that around nine to ten thousand of these cases are time-barred and could be resolved quickly. Court reporter Hasnaat Malik suggests this could immediately reduce the caseload to around forty-five to forty-six thousand. Why isn’t this being done? Is it to maintain a justification for ad-hoc judges?

4. Chief Justice Qazi Faez Isa’s tenure is nearing its end, with only about two and a half to three months left, factoring in the summer holidays. Why is Justice Isa trying to implement something so urgently that he couldn’t achieve in his ten or eleven months in office? Why not leave this to the incoming Chief Justice, Justice Mansoor Ali Shah, who will have nearly three years to plan effectively?

5. Although ad-hoc judges won’t be part of the full court, they will be included in routine benches. The sudden inclusion of these ad-hoc judges raises suspicions, especially if Chief Justice Isa includes them in benches making significant decisions, leading to more doubts and potential conflicts.

6. This isn’t about questioning the intentions, character, or credibility of these retired honorable judges. The issue lies in the current severe political crisis and the major battles expected in the Supreme Court in the coming days. Under such circumstances, appointing four ad-hoc judges suddenly may give the impression that Chief Justice Isa is bolstering his group of like-minded judges.

Given these concerns, wouldn’t it be better to postpone the appointment of ad-hoc judges until after the summer holidays? By then, Chief Justice Isa’s retirement will be near, and the new Chief Justice will be about to take over.

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A proper strategy can then be formulated in consultation with the new Chief Justice, avoiding suspicions and ensuring no questions arise about the ad-hoc judges’ appointments.

Courtesy: M Aamir Hashim Kakhwani