ISLAMABAD: The Judicial Commission (JC) may consider the re-appointment of two former members to the Supreme Court as ad hoc judges.

According to a reliable source, the commission at its meeting on Dec 3 in Lahore is likely to consider the re-appointment of retired Justices Tariq Pervez and Arif Khilji for a period of one year.

Justice Tariq Pervez, who served as interim chief minister of Khyber Pakhtunkhwa and also sat as member of the JC, reached superannuation on Feb 14, 2013. Justice Khilji Arif retired on April 11, 2014.

If appointed, the strength of Supreme Court judges will reach 19 – 17 regular and two ad hoc judges. At present the apex court is functioning with 16 judges, but the JC at a separate meeting on Nov 25 may decide to elevate Sindh High Court Chief Justice Faisal Arab to the apex court to complete its sanctioned strength of 17.

Also read: Lawmakers seek meaningful role in judges’ appointment

“If a decision is taken in favour of the two gentlemen, it will go against a unanimous resolution adopted by the Pakistan Bar Council on May 25, 2012,” Chairman of the PBC’s Executive Committee Ahsan Bhoon said while talking to Dawn.

The constitution provides for the appointment of ad hoc judges and the JC can take a decision to this affect by invoking Article 182 of the Constitution. The article empowers the Chief Justice of Pakistan, with approval of the president and in consultation with the JC, to request for a person who has held the office of a judge of that court if at any time it is not possible for want of quorum of judges of the Supreme Court to hold or continue a sitting of the court or for any other reason it is necessary to increase temporarily the number of SC judges.

“We have opposed the tradition of appointing ad hoc judges tooth and nail at the time when the tenure of former judge Khalilur Rehman Ramday was being considered to be extended for another year. Justice Iftikhar Mohammad Chaudhry was chief justice at the time,” Mr Bhoon said, adding that the appointment of ad hoc judges was not in the interest of the institution of judiciary.

A full court meeting of all judges of the apex court had, on Feb 14, 2011, adopted a proposal to extend the tenure of Justice Ramday but had to drop it because of stiff resistance from the legal fraternity.

Soon after the full court meeting, Mr Bhoon said that the then PBC vice-chairman, Akhtar Hussain, had presided over a meeting of the representatives committee of lawyers to reject the SC proposal. The committee pointed out that the appointment of ad hoc judges had been criticised by judgments of the apex court and such an appointment was likely to create a deadlock.

When the idea of appointing ad hoc judges was finally abandoned, the PBC held a meeting in Islamabad on May 25, 2012, to express gratitude and praise then chief justice Iftikhar Chaudhry for not considering the appointment of ad hoc judges.

Incumbent PBC Vice-Chairman Azam Nazeer Tarar said that ideally it would be better if the Supreme Court functioned with the existing strength of regular judges if there were no compelling circumstances.

PBC ELECTIONS: Attorney General Salman Aslam Butt, who is also Chairman of the PBC, has announced the election schedule of the bar for the next five-year term.

According to the schedule, nomination papers will be accepted by the returning officer at the PBC office in Islamabad by Dec 3 and scrutinised on Dec 10. The elections will be held on Dec 21 and the results announced on Dec 31.

Published in Dawn, November 25th, 2015