Justice Maqbool Baqar Declines Ad Hoc Supreme Court Appointment
Justice (retired) Maqbool Baqar has declined the offer to serve as an ad hoc judge of the Supreme Court of Pakistan, following Justice Mushir Alam’s refusal earlier this week. Both judges’ decisions come amidst criticism and controversy surrounding these appointments.
The Judicial Commission of Pakistan (JCP), led by Chief Justice Qazi Faez Isa, is scheduled to convene on Friday to discuss the appointment of four retired Supreme Court judges. The government asserts that additional judges are necessary to address the backlog of cases, a claim that has been met with skepticism and opposition from the Pakistan Tehreek-e-Insaf (PTI) party.
Justice Baqar cited “personal reasons” for his decision to decline the ad hoc appointment. However, he emphasized that the appointment of ad hoc judges is legal and necessary to tackle the backlog of cases in the Supreme Court. Baqar, who also served as the caretaker chief minister of Sindh, supported CJP Isa’s decision, stating it was crucial for judicial efficiency.
PTI Secretary General Omar Ayub has voiced strong opposition to the appointments, arguing that hiring a few judges will not resolve the issue of thousands of pending cases. He accused the government of attempting to appoint “like-minded” judges to the Supreme Court and insisted that political workers and the legal fraternity reject this move. Ayub also demanded that ad hoc judges should not preside over cases involving PTI.
PTI Chairman Barrister Gohar echoed similar sentiments, describing the appointments as “dishonesty” and alleging that the sudden decision to appoint four ad hoc judges during judicial vacations was suspicious. He stated that this move could jeopardize the independence of the judiciary and that PTI plans to address this issue in the Supreme Judicial Council.
Law Minister Azam Nazeer Tarar defended the appointment of ad hoc judges, asserting that it is constitutional and necessary. He clarified that the Judicial Commission, not the Chief Justice, is responsible for these appointments. Tarar emphasized that ad hoc judges are essential to manage the caseload efficiently.
The backlog of cases in Pakistan’s judiciary is a significant issue, necessitating the appointment of additional judges to ensure timely justice. The debate over ad hoc judges highlights the tension between maintaining judicial independence and addressing practical needs for efficient court functioning.
Justice Maqbool Baqar’s refusal to serve as an ad hoc judge, following Justice Mushir Alam’s similar decision, has intensified the debate over judicial appointments in Pakistan. As the JCP prepares to meet and discuss these appointments, the controversy underscores the complexities of balancing judicial efficiency with the need for maintaining independence and integrity within the judiciary