#reservedseats #supremecourt #adhoc #breakingnews #11thhour #pti #imrankhan #sunniittehadcouncil
Appointment of Ad Hoc Judges in Supreme Court | President IHC Riasat Ali Azad's Analysis
Appointment of Ad Hoc Judges in Supreme Court | President IHC Riasat Ali Azad's Analysis
Category
🗞
NewsTranscript
00:00that ad-hoc judges should be appointed in the Supreme Court.
00:03On what basis was it done?
00:05Basically, a report of the Law and Justice Commission of Pakistan came out.
00:09It was said that the pending cases in the country are 2.26 million.
00:17That is, more than 22 lakh cases are pending.
00:20A surprising discovery was that 82% of the cases are in the lower judiciary.
00:26Only 18% of the cases are in the upper judiciary,
00:31in which there is a Supreme Court, Federal Shariat Court and High Courts.
00:34In this regard, the Chief Justice decided that ad-hoc judges should be appointed.
00:43And the way I was talking to him, what is the practice of appointment?
00:46The article of the law is 182 in this regard, if we can show it on the screen.
00:50Basically, he says that if at any time an appointment of ad-hoc judges is made,
00:56it is not possible for the want of quorum of judges of the Supreme Court
01:00to hold or continue any sitting of the court.
01:03Or for any other reason, it is necessary to increase temporarily
01:07the number of judges of the Supreme Court.
01:09The Chief Justice of Pakistan, in consultation with the Judicial Commission,
01:14as provided in Clause 2 of Article 175A,
01:17may, in writing, with the approval of the President,
01:20request any person who has held the office of judge of that court
01:23and since who is ceasing to hold that office,
01:25three years have not elapsed, or with the approval of President,
01:29and with the consent of the Chief Justice of a High Court,
01:31require a judge of that court qualified for the appointment as a judge of Supreme Court.
01:36So, in this regard, Article 182 of the law.
01:40Now, the issues that are being discussed here is that
01:44how this situation could have been managed.
01:47Now, as we have seen that two judges,
01:49one of whom is Justice Musheer Alam,
01:51his name was given in the name of four people,
01:54and one is Justice Maqbool Waqar.
01:55Now, on behalf of those two judges, this matter has been excused.
02:00That is, they are saying that we cannot be a part of this.
02:03So, Mr. Riyasat Ali Azad,
02:05whatever it is, transparency is the key.
02:08At this time, timing is very important.
02:10The accusation of PTI is in front of you
02:12that they are trying to increase the numbers and get the desired decision.
02:16Now, on the other hand, it can be seen that only the cases have to be solved.
02:20Could it have been made better in your opinion?
02:23You could have consulted with the President,
02:25you could have informed him.
02:26You could have consulted with the people whose names were being taken,
02:29whether you want to be a part of it or not.
02:33Actually, PTI is a little concerned with these judges
02:37that some of their judgments are such,
02:39like the verdict of Sardar Tariq Sahib regarding the Army Court.
02:42Leave all these things.
02:44In my personal opinion, this timing is not correct.
02:47Okay.
02:47To accuse judges.
02:49And our custom is that the Chief Justice who is about to leave,
02:52he never makes new decisions.
02:55This has always been the case.
02:57Two or three months ago,
02:59four months ago, the Judicial Commission was never held.
03:02Since he is leaving,
03:03this is the domain and discretion of the future Chief Justice.
03:06The timing at this time,
03:08since the Supreme Court of Pakistan's judgment has come,
03:13now it seems that since the review is also being filed,
03:18although these judges will not sit in the review,
03:21but some of the references that are being heard,
03:24like the government,
03:25earlier also, I don't know their intention,
03:27Allah knows,
03:28Allah knows their intention.
03:30That the government was doing some enhancement,
03:33was enhancing the judges or extension.
03:38But these things have also been cut off from the government.
03:41Now, the reference that they talked about,
03:43along with the Dark Judges,
03:45these have also been cut off.
03:47Okay.
03:47The need for this was,
03:48see, if you had to make the basis of this thing,
03:52that the backlog was more,
03:5515-20 days ago,
03:56Mr. Geba, our respected Judge, was elevated.
03:59If there was so much need for Dark Judges,
04:02then it is not necessary that you put Retiree Judges.
04:05In 182B,
04:07any High Court Chief Justice can take a consent
04:12and can bring any judge for a month,
04:14for two,
04:15for four,
04:16for a year.
04:17Why didn't you bring it earlier?
04:20One more thing,
04:21one more thing,
04:22Mr. Riyasat Ali Azad.
04:23Mr. Satish, one second.
04:24There is a backlog.
04:26I was putting a supplementary question in this.
04:28Related to this.
04:29The issue of High Courts has come up,
04:32so a point of view is being used in that,
04:34that because in those High Courts,
04:36the judges themselves are present,
04:38there is a need for more judges,
04:39because the backlog is already there.
04:41A question is being raised in that,
04:43that if the people who have already retired,
04:45were a part of this process,
04:46then it is possible that the backlog is also because of them.
04:48So wasn't this a possibility?
04:50No.
04:51Like,
04:52let me complete my question.
04:54Like,
04:55to become a judge,
04:57there is a condition,
04:58that if you have been practicing law for 10 or 15 years,
05:00then you are eligible to become a judge.
05:02So can't a senior lawyer,
05:04with a little bit of leeway,
05:07become a judge ad hoc?
05:09If it has to be done temporarily,
05:10is this a possibility?
05:11Yes, it can be done.
05:12Then why not?
05:15A person who has been standing for 15 years,
05:17he can become a Judge Elevate,
05:19he can also become a Dark Judge.
05:21And if you look at 182B,
05:23then you can make any serving judge,
05:25a Dark Judge from any High Court.
05:27The numbers are already low there, right?
05:29What is the compulsion?
05:30You have to appoint these retired judges.
05:32Okay.
05:33There has been a lot of controversy over this.
05:35Why should the institution be controversial?
05:37The question arises,
05:38that in the whole of Pakistan,
05:40in all four High Courts,
05:42there is a shortage of 50 judges.
05:44If this backlog is the question,
05:46like you said in your intro,
05:4882% of the judges are District Courts,
05:51where there is an appendix.
05:53And if there are more than 20 judges,
05:55then you can also appoint judges in the High Courts.
05:57If you look at it now,
05:59you can appoint these judges.
06:01Apart from this,
06:02there are a lot of other lists,
06:03in which if you consider the King of Military,
06:06then there are excellent judges like Malik Manzoor,
06:10Umar Atta Bandyal,
06:12and there are a lot of other judges.
06:14Because it is provided that
06:16if you have not elapsed three years,
06:18then you can appoint judges.
06:20I think that if you,
06:22look,
06:23if you go to 182,
06:25then it is written there,
06:27that want of quorum,
06:29and continue sitting.
06:30Your quorum is complete there.
06:3217 have been completed.
06:33Okay.
06:34I think that you should...
06:36I will talk to Mr. Afnan about this.
06:39Yes, yes.
06:40I have already requested the Islamabad High Court
06:43that neither should the age of judges be increased,
06:45nor should the extension be given,
06:47nor should the retired judges be given a job,
06:49nor should a retired general be given a job.
06:51People have not died behind,
06:53have not finished.
06:54The lack of talent.
06:55Okay.
06:56Okay, we got your point.
06:58I have also said that the retired judges from the Supreme Court,
07:01or from the High Court,
07:02our Bar Councils,
07:05should not even give them a lawyer's license,
07:07because they have played a huge role in their lives.
07:10Absolutely.
07:11They had to deliver this nation,
07:13and they have done it.
07:14The nation salutes them,
07:15and gives new people a chance.
07:16And there is a reason that it is the age of retirement.
07:18Mr. Afnan, what is your point of view on this?
07:21Because, of course,
07:22the cases are happening.
07:23Of course, the President is present,
07:25there can also be a discussion with him.
07:26The people who are now refusing,
07:28if they had been asked before,
07:29then in a way,
07:30do you think it is so necessary
07:32that an ad hoc judge should be appointed immediately?
07:34The number is complete at the moment.
07:37Look, I was very surprised,
07:39he is our brother, a lawyer.
07:40He talked about the law and the law,
07:42but he forgot the law and the law here.
07:45There is a law for appointing an ad hoc judge,
07:48and the government can appoint one,
07:50the Supreme Court can appoint one, if they want.
07:52What is wrong in this?
07:54I mean, it is not possible that,
07:56I mean,
07:57the thing that is favoring Imran Khan,
07:59that cannot be the law, right?
08:01That you go according to his views,
08:03according to the needs of Imrani.
08:05And this Umar Atta,
08:06you are talking about Mr. Bandyal,
08:07that he was the best judge.
08:08He was the best judge.
08:09He has destroyed the law and the law
08:11by appointing two judges,
08:12for the past five years.
08:14From Saqib Mizar to Bandyal,
08:16he has forgotten that.
08:18I am surprised.
08:19Mr. Afnan, my question is different.