On Monday, Justices Sardar Tariq Masood and Mazhar Alam Khan Miankhel took their oaths as ad hoc judges of the Supreme Court of Pakistan. The ceremony, which was attended by notable figures including Justice Mansoor Ali Shah, Attorney General Mansoor Usman Awan, various law officers, lawyers, and court staff, was administered by Chief Justice of Pakistan Qazi Faez Isa.
The appointment of Justices Masood and Miankhel is significant, as both have previously served on the Supreme Court of Pakistan. Their return as ad hoc judges is made possible under Article 182 of the Constitution of the Islamic Republic of Pakistan, which allows for such appointments to ensure the continued efficacy of the court.
Last week, the Judicial Commission of Pakistan (JCP) faced severe criticism yet moved forward with approving the nominations of these two retired judges for the ad hoc roles. The JCP meeting, presided over by Chief Justice Qazi Faez Isa, deliberated on the nominations and concluded with a majority vote in favor of the appointments. Justice (retired) Sardar Tariq Masood’s nomination was approved by an 8 to 1 vote, while Justice (retired) Mazhar Alam Khan Miankhel’s nomination saw a majority approval of 6 to 3.
The process of selecting ad hoc judges is crucial for maintaining the efficiency and effectiveness of the Supreme Court, especially when dealing with a high volume of cases. This decision underscores the judiciary’s commitment to addressing the backlog and ensuring timely justice.
Both Justices Masood and Miankhel bring with them a wealth of experience and a deep understanding of the legal landscape in Pakistan. Justice Sardar Tariq Masood retired from the Supreme Court on March 10, 2024, and has a long-standing reputation for his judicial prudence. Justice Mazhar Alam Khan Miankhel retired on July 13, 2022, and is well-regarded for his contributions to the judiciary.
Before their appointments, the names of other esteemed judges, such as Justice (retired) Mushir Alam and Justice (retired) Maqbool Baqar, were also considered for the ad hoc roles. However, both declined the offer, paving the way for Justices Masood and Miankhel to step into these positions.
Justice Mushir Alam retired from the Supreme Court on August 21, 2021, while Justice Maqbool Baqar, who served as the Sindh chief minister during the last caretaker setup, retired on April 4, 2022. Their decline of the ad hoc roles was a significant moment in the selection process, ultimately leading to the appointment of Justices Masood and Miankhel.
The reappointment of retired judges as ad hoc members of the Supreme Court is a testament to their enduring influence and the respect they command within the legal community. It also reflects the judiciary’s adaptability in utilizing experienced judges to meet the demands of justice.
Chief Justice Qazi Faez Isa’s administration of the oath is a notable event, symbolizing a renewed commitment to judicial excellence and continuity. His leadership in the JCP meeting was pivotal in navigating the criticisms and making informed decisions that align with the constitutional provisions.
This development is expected to enhance the Supreme Court’s capacity to handle cases more efficiently, thereby reducing delays and improving the overall judicial process. The presence of seasoned judges like Masood and Miankhel will likely bring stability and a high standard of judicial oversight to the court.
The role of ad hoc judges is not without controversy, but it is an essential mechanism within the judicial system to ensure that justice is not hampered by vacancies or an overwhelming docket. The inclusion of retired judges in this capacity allows for a continuity of expertise and judicial philosophy that benefits the entire legal system.
