July 18, 2024
Federal Minister for Law and Justice Azam Nazeer Tarar has put his weight behind the recent government's plan to impose a ban on the Pakistan Tehreek-e-Insaf (PTI) and the Judicial Commission of Pakistan's (JCP) proposal to appoint retired jurists in the Supreme Court as ad hoc judges, saying that the country's Constitution allows such appointments.
Expressing his opinion in a statement on Thursday, the federal minister defended the JCP's proposal, saying the ad hoc judges should be appointed.
The issue of invoking Article 6 against the Imran Khan-founded party's leaders could be brought in the Parliament House for a debate by lawmakers, he added.
"There is a genuine case of Article 6 against the PTI leaders as the Constitution was violated by dissolving the [Nationa] Assembly in the presence of a no-confidence motion."
Federal Information Minister Attaullah Tarar, addressing a press conference in Islamabad on July 15, announced the PML-N-led government's decision to ban the former ruling party as well as file references against former prime minister Imran Khan and ex-president Arif Alvi for treason under Article 6 for their involvement in the dissolution of the National Assembly in April 2022.
The decision to ban the PTI, the law minister said, was not taken last year only to maintain the political environment.
Chief Justice of Pakistan (CJP) Qazi Faez Isa had nominated four judges — Justice (retd) Mushir Alam, Justice (retd) Maqbool Baqir, Justice (retd) Mazhar Alam Miankhel, and Justice (retd) Sardar Tariq Masood — as ad hoc judges in the Supreme Court. However, two judges, Justice Mushir and Justice Baqir, have so far declined the offer.
Talking to Geo News today, Justice (retd) Baqar said he was deciding against becoming an ad hoc judge due to "personal reasons".
However, he mentioned that the appointment of ad hoc judges to the apex court is in line with the law and that criticism is "baseless".
Meanwhile, Justice (retd) Alam's letter addressed to the JCP chairman, states: "After careful deliberation, under present circumstances, it is with a heavy heart that I regret to inform you that I am unable to accept this esteemed appointment."
The JCP, chaired by CJP Isa, is set to meet tomorrow (Friday) to consider the appointment of four retired apex court judges, according to the official note which describes the high pendency of cases as the reason for the appointment of ad hoc judges.
However, the PTI termed the move as "dishonesty," as the party's chairman Gohar Ali Khan, in a statement on X on July 16 said: "There is a genuine apprehension that the move is aimed at PTI's reserved seats judgement and its standing as a party."
Earlier today, PTI Secretary-General Omar Ayub Khan, in conversation with journalists in Islamabad, also said that hiring three or four judges won't address the issue of thousands of pending cases.
"The motive behind the move is to appoint 'like-minded' judges to the Supreme Court. Political workers and the lawyers' fraternity reject the move," Ayub, the Leader of the Opposition in the National Assembly, said.
In the same statement, Law Minister Tarar dismissed reports about an extension in the tenure of CJP Isa, saying that the debate about the extension of the tenure of government employees arose because of the high pension bill.
He further said that in late April or early May, there was a meeting with the Chief Justice regarding the Judicial Commission in which he said that he was not interested in extending the tenure.