Islamabad: Shibli Faraz wrote a letter to the Chief Justice of Pakistan on the issue of appointment of ad hoc judges in the Supreme Court.
In a letter addressed to the Chairman Judicial Council and Chief Justice of Pakistan, Justice Qazi Faiz Isa, Leader of the Opposition in the Senate, Shibli Faraz, demanded that the Judicial Council reject the proposal of ad hoc judges.
In the letter, Shibli Faraz said that the appointment of ad hoc judges gives the impression that all this is being done for one party. The appointment of ad hoc judges should not give the impression that it is an attempt to balance opinion against one party in the judiciary. After the appointment of permanent judges, ad hoc judges cannot be appointed on account of pending cases.
He said that the proposal to appoint ad hoc judges came on the same day when the Supreme Court gave a verdict in favor of PTI from 5-8. No transparent procedure was adopted for the selection of ad hoc judges. After the Al-Jihad Trust case, no ad-hoc judge was appointed for 3 years. Appointment of permanent judges in the Supreme Court has been done recently.
Senator Shibli Faraz said that the judges were selected without consulting the Judicial Commission. The appointment of judges without a transparent process is even more troubling. Under the proposal, Judge (R) Maqbool Baqir was an important office holder in the caretaker government. Similarly, proposed judge (retd) Tariq Masood prolonged the military custody case of hundred PTI supporters and proposed judge (retd) Mazhar Mian Khel gave remarks to impose Article 6 on PTI and its leaders.
Shibli Faraz wrote in the letter that the military trial of the civilian, the February 8 election case and recently the ban on PTI are pending in the Supreme Court. In such a situation, serious and legitimate concerns have been raised about the appointment of retired judges. The short tenure of the current Chief Justice will not bring any significant reduction in the pending cases. The pending cases should be left to the incoming Chief Justice.
He said that there should be no doubts in the appointment of ad hoc judges. The people of Pakistan are the stakeholders of an independent and non-interference judiciary. I am representing the public, Pakistan Bar Council and various Bar Councils. The appointment of ad hoc judges is giving the public the impression of interference in the judiciary. When Qazi Faiz Isa was a member of the Judicial Council, judges insisted on transparency in appointments.