President Asif Ali Zardari has sanctioned the appointments of Justice (retd) Sardar Tariq Masood and Justice (retd) Mazhar Alam Khan Miankhel as ad hoc judges to the Supreme Court for a one-year term.
According to an official statement from the President’s House released on Friday, this approval was granted under Article 182 of the Constitution. The Judicial Commission of Pakistan (JCP) had recommended these appointments last week in an effort to address the backlog of cases.
The JCP convened on June 19 at the Supreme Court, chaired by Chief Justice of Pakistan (CJP) Qazi Faez Isa. The meeting was attended by eight other members, including four senior Supreme Court judges—Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Aminuddin Khan, and Justice Yahya Afridi—as well as retired judge Justice Maqbool Ahmed Malik, Attorney General Mansoor Usman Awan, Law Minister Azam Nazir Tarar, and Akhtar Hussain, a representative of the Pakistan Bar Council.
Notably, the approval comes despite Justice (retd) Miankhel’s refusal to serve as an ad hoc judge, citing personal reasons. He is the third judge to decline this offer, following Justice (retd) Mushir Alam and Justice (retd) Maqbool Baqar.
During the JCP meeting, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, and Justice Yahya Afridi opposed Miankhel’s appointment due to his refusal. Nevertheless, the appointment was approved by a 6:3 majority.
The former ruling party, Pakistan Tehreek-e-Insaf (PTI), has criticized the appointment of retired judges as ad hoc justices, arguing that it undermines judicial independence. They had urged the JCP to reject the proposal, while the government has defended the decision, asserting that it is legally permissible.
