KARACHI: The Karachi Bar Association (KBA) on Tuesday opposed the proposal to appoint retired justices as ad hoc judges to the Supreme Court.

The JCP, responsible for appointing judges to superior courts, is set to meet on Friday to deliberate on the appointment of four retired judges as ad hoc members of the Supreme Court.

In a statement, the KBA urged the JCP to retract its letter dated July 12 which proposed the appointment of retired judges as ad hoc members.

KBA General Secretary Ikhtiar Ali Channa strongly condemned the JCP’s decision, labelling it a violation of national judiciary policy.

Opposes JCP’s proposal on ad hoc judges for Supreme Court

He announced a nationwide movement to mobilise all bar councils and associations across the country against the ad hoc appointments.

“Ad hoc judges (retired from the Supreme Court) are going to be appointed by the judicial commission on July 19, 2024. Why don’t the Judicial Commission appoint or recommend advocates (having 15 to 20 years of experience as an advocate and above the age of 45 years) as judges of the Supreme Court of Pakistan as well as ad hoc judges in the Supreme Court of Pakistan?” the KBA questioned.

The association called on the Supreme Court Bar Association, high court bar associations, Pakistan Bar Council and provincial bar councils to send their recommendations and reservations for direct appointments to the JCP for consideration.

The KBA emphasised that judges should be appointed to the Supreme Court based on seniority and in accordance with the Constitution.

The association said that if senior advocates are not appointed as ad hoc judges from each province, then senior judges from the high courts should fill vacant seats in the Supreme Court.

Acknowledging the shortage of judges in the country’s top courts, the KBA demanded that vacant posts be filled according to the guidelines established by the Supreme Court in the Al-Jihad Trust case regarding judicial appointments.

“The citizens of Pakistan are observing that the present judicial system is apparently pro-elite and they (common citizens) are not benefiting from the fruits of the success of the lawyers’ movement launched during the dictatorship of Gen Musharraf for the independence of the judiciary,” the KBA statement added.

“We believe that the lawyer fraternity has to do more, as the masses are still deprived of easy justice.”

Referring to the chief justice of Pakistan, the KBA said he had moved a summary for ad hoc appointments in the Supreme Court two months before his retirement.

The association pointed out that Article 179 of the Constitution specifies retirement age at 65 years, and appointments of retired judges under Article 182 apply to those who have not yet reached 65 years. It argued that the Constitution should be interpreted to ensure that none of its articles become redundant.

“The policy to appoint retired judges as ad hoc is shameful. Senior advocates can also be appointed directly to the Supreme Court instead of being picked and chosen by the Chief Justice. These appointments shall disturb the fabric of the judiciary and society at large,” the KBA stated.

Published in Dawn, July 17th, 2024