The Judicial Commission of Pakistan (JCP) has sparked controversy by approving the appointment of two ad hoc judges to the Supreme Court for a period of one year. The appointed judges, Justice (retd) Tariq Masood and Justice (retd) Mazhar Alam Miankhel, are former judges of the Supreme Court who retired in March 2024 and July 2022, respectively. The JCP’s decision to appoint ad hoc judges is aimed at reducing the pendency of cases in the Supreme Court, which has been struggling with a backlog of over 2.26 million cases as of 2023.
However, the appointment of ad hoc judges has been met with opposition from the Pakistan Bar Council, which has consistently argued that such appointments undermine the independence of the judiciary. The Council has expressed concerns that ad hoc judges may not have the same level of independence as permanent judges, which could compromise the integrity of the judicial process.
Despite these concerns, the JCP has defended its decision, arguing that the appointment of ad hoc judges is necessary to address the pressing issue of case backlog in the Supreme Court. The Commission has emphasized that the appointments are temporary and will only be for a period of one year, during which time the ad hoc judges will focus on clearing the backlog of cases.
While the intention behind the appointments may be genuine, the controversy surrounding the issue highlights the need for a more permanent solution to the problem of case backlog in the Supreme Court. The judiciary must ensure that any measures taken to address this issue do not compromise the independence and integrity of the judicial process. Ultimately, the appointment of ad hoc judges is a temporary fix, and the JCP must work towards finding a more sustainable solution to this pressing problem.
