Reappointment of ad hoc judges deferred

ISLAMABAD The Judicial Commission of Pakistan (JCP) on Saturday deferred the appointment of Justice Khalil-ur-Rehman Ramday and Justice Rehmat Hussain Jaffery as ad hoc judges of the Supreme Court. The JCP, however, extended the services of six additional judges of the Sindh High Court (SHC) for one year and denied extension to three others. The six judges given extension are Justice Imam Bux Baloch, Justice Nisar Muhammad Sheikh, Justice Tasneem, Justice Hassan Azhar Rizvi, Justice Mohammad Ali Mazhar and Justice Salman Hamid, while Justice Abdul Hadi Khoso, Justice Zahid Hamid and Justice Zakir have been denied extension. The services of nine additional judges of the SHC ended on Friday. The names of the recommended judges would be sent to the Parliamentary Committee for its approval. The JCP meeting, headed by Chief Justice Iftikhar Muhammad Chaudhry, was attended by Justice Javed Iqbal, Justice Main Shakirullah Jan, Justice Tassadduq Hussain Jillani, Justice Nasir-ul-Mulk, Justice (retd) Chaudhary Ijaz Ahmed, Federal Minister for Law and Justice Babar Awan, Attorney General of Pakistan Maulvi Anwar-ul-Haq and Pakistan Bar Council representative Dr Khalid Ranjha. Justice Ramdays earlier one-year extension expired on February 17, while Justice Jaffery retired on November 21 last year after obtaining the age of superannuation. Sources told The Nation that Justice Ramday was not consulted before the proposal to reappoint him as an ad hoc judge for another term was made in the full court meeting. In the full court meeting when the judge heard about his extension, he refused but the chief justice requested him to accept it, sources added. The Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA) criticised the resolution passed by the full court for the reappointment of Justice Ramday and Justice Jaffery as ad hoc judges. In this regard they also held meetings with Chief Justice Iftikhar Muhammad Chaudhry on Friday. Earlier, the Pakistan Bar Council, rejecting the resolution, observed that the full court resolution was not only unprecedented in the countrys judicial history but also unconstitutional and ultra vires to Article 182 of the Constitution as amended under the 19th Amendment. While SCBA President Asma Jahangir told the media that the SC judges had taken a political step by adopting a resolution for the appointment of ad hoc judges. On February 14, in a full court meeting of the Supreme Court, Chief Justice Iftikhar Mohammad Chaudhry proposed requesting Justice Ramday and Justice Jaffery to rejoin the bench as ad hoc judges, which was unanimously agreed on. The courts February 14 notification stated that the two judges accepted the proposal in the wider institutional interest. Reliable sources said that some renowned lawyers also met the top brass of the government for getting support regarding the matter. Sources said Law Minister Dr Babar Awan and PBC member Dr Khalid Ranjha opposed the reappointment of the two judges at the Judicial Commission meeting. After Saturdays development, the SCBA president welcomed the decision of the Judicial Commission to put off the reappointment of the two judges. Asma, addressing mediapersons at the Supreme Court building, thanked the Judicial Commission for giving importance to the voice of the bar. She said: Though the judges were in majority at the Judicial Commission, their decision showed we are moving towards maturity. She said that Judicial Commissions decision would raise lawyers trust in the judiciary. She said that lawyers were making efforts for the stability of the judiciary. Regarding the grant of one-year extension to six SHC judges, she said that Judicial Commission should have made them permanent rather giving one-year extension.

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