Ad Hoc Judges ki appointment Bara issue kiyu Ban Gaya...? Abid Zuberi & Hafiz Ahsaan Ahmad Analysis
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Ad Hoc Judges ki appointment Bara issue kiyu Ban Gaya...? Abid Zuberi & Hafiz Ahsaan Ahmad Analysis
Ad Hoc Judges ki appointment Bara issue kiyu Ban Gaya...? Abid Zuberi & Hafiz Ahsaan Ahmad Analysis
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00:00In legal matters, one is the case of ad-hoc judges and the other is the case of the PCP.
00:04We will discuss both of them because they are equally important.
00:10The case of ad-hoc judges is also being given political importance.
00:12Are they trying to ruin the balance?
00:15Are they trying to change the things that are in favour of Pakistan's movement of justice?
00:22Four ad-hoc judges were offered.
00:24Two of them were named by the Judicial Commission of Pakistan at this time.
00:28The Judicial Commission has held a meeting regarding the appointment of ad-hoc judges.
00:32Justice Retired Tariq Masood and Justice Retired Mazhar Alam have been recommended by the Judicial Commission
00:36for the appointment of ad-hoc judges.
00:40The Judicial Commission has approved Justice Sardar Tariq Masood from 8-1
00:45and 6-3 from Justice Mazhar Alam Mian Khel.
00:52Why did ad-hoc judges come?
00:58How did they come?
00:59It is a matter of three years.
01:00It is a matter of one year.
01:03But this is not the first time in the history of Pakistan that ad-hoc judges have come.
01:0822 ad-hoc judges have been appointed in Pakistan from time to time.
01:14The first ad-hoc judge was appointed on 2nd March, 1955.
01:19Two judges were appointed in 1977.
01:22Four judges were appointed in 1994.
01:24Three ad-hoc judges were appointed in 1995.
01:29In September 2005, Justice Muhammad Ali Mirza was appointed.
01:34In 2005, Justice Karamat Nazir Bhandari was appointed.
01:39In 2010, Justice Khalilur Rahman Ramdeh was appointed.
01:43In 2009, Justice Ghulam Rabbani was appointed.
01:46On 14th September, Justice Kalji Arif Hussain was appointed.
01:51On 13th December, Justice Tariq Parvez was appointed.
01:58In total, there are 22 judges.
02:00In these 22 judges, two judges will be added.
02:02In addition to this, the Election Commission of Pakistan will discuss both the issues.
02:07I will introduce the guests who are present with me.
02:09Abid Zubairi is present with me at this time.
02:11He is a senior lawyer.
02:12Thank you very much, Abid Zubairi, for joining us.
02:15Hafiz Ehsan Ahmed Khokhar is also present with us.
02:18He is also a senior lawyer.
02:19Thank you very much, Hafiz.
02:21Mr. Zubairi, first of all, I will come to you.
02:23This is not the first time.
02:24The law allows ad-hoc judges to be appointed.
02:29But there is a very divided opinion on this.
02:33Firstly, why is this?
02:34Secondly, there is a political aspect to this.
02:37Pakistan is trying to change the balance of power or the balance of judgment.
02:45Ad-hoc judges have been appointed before.
02:47There were no such issues before.
02:49Is it right to give it a political aspect today?
02:55The provision of an ad-hoc judge is present in the law.
02:58But there are two types of people.
03:00One is those who retire.
03:02They do not retire for three years.
03:04Or you can bring an ad-hoc judge from the High Court.
03:06With the permission of the Chief Justice.
03:08But in the scenario that has been made,
03:10I don't think it was the right time to appoint ad-hoc judges.
03:15If it should be, then definitely appoint an ad-hoc judge.
03:18The Pakistan Bar Council has always opposed this.
03:21But today, the people who have always opposed this,
03:24the members of the Pakistan Bar Council,
03:27they also voted for it.
03:29But now say that two judges have clearly refused.
03:33We were seven people in Pakistan.
03:35We wrote a letter saying that it should not be ad-hoc.
03:37Because it should not give the impression
03:39that you are trying to pack the court.
03:41So this was one thing.
03:43The second thing that we said was
03:45that in the case of Al-Jihad Trust,
03:47the Supreme Court had given some parameters
03:49as to how an ad-hoc judge should be appointed.
03:51That is, there should be no permanent seat.
03:53Then it cannot be an ad-hoc judge.
03:55But this time there is no permanent seat.
03:57There are 17 judges, so they can be ad-hoc.
03:59But one thing the Supreme Court judgment had made very clear,
04:01which is also binding on them, on the Judicial Commission,
04:03that this will be a temporary appointment.
04:05You see, the judges who were appointed
04:07for a few months, you have made a list of 22.
04:09You see, how many years have been different in these 22.
04:11You see, the last appointment was
04:13for one year in 2015.
04:15But you see, first of all,
04:17judges were appointed in the 60s.
04:19But to be appointed by 22 judges
04:21in the span of 76 years
04:23and not to be in the last 10 years,
04:25this also says one thing.
04:27And this appointment they have made
04:29is for three years.
04:32This is what was said yesterday
04:34in the Jihad Trust,
04:36in the judgment of Justice Ajmal Mian
04:38that this should be completely temporary.
04:40So you see, the 22 appointments
04:42that you are talking about,
04:44you see, the last appointments
04:46of two judges were only for a year.
04:48And then two judges are saying no.
04:50We also heard the third judge today,
04:52Justice Mian Khel,
04:54all the judges are very respectable,
04:56very good judges.
04:58And Maqbool Baqir Sahib and
05:00Maqbool Baqir Sahib
05:02have been presenting in front of them
05:04for a long time.
05:06So they especially refused.
05:08Then we heard Mian Khel Sahib,
05:10today he refused,
05:12but the Judicial Commission
05:14did it from 6 to 3.
05:16And those three judges,
05:18who are senior judges of the Supreme Court
05:20and potential Chief Justices of this country,
05:22they said that when they themselves
05:24refused, then why is their name
05:26being debated?
05:28They are considered
05:30to be the biggest judges
05:32of criminal law.
05:34One judge differed there too.
05:36So you see, in this scenario,
05:38there are so many charge situations,
05:40there are so many divisions,
05:42their appointment at this time,
05:44I think that this impression
05:46of tilting the balance should not go anywhere.
05:48And that is why we opposed it.
05:50And this is our basic principle
05:52that there should not be ad hoc judges.
05:54If there is an ad hoc, then take the serving judge
05:56if you want to end the backlog.
05:58You can also say that there is a shortage
06:00of judges in the High Court,
06:02so you should fill it.
06:04Right now, in all four High Courts,
06:06Hafiz Ehsan Sahib is sitting,
06:08he will tell you that in Lahore High Court
06:10there are 20-25 judges vacant,
06:12so obviously it is not working.
06:14In the Supreme Court,
06:16there is a lot of limited work,
06:18but in the High Courts,
06:20there is a lot of work.
06:22But in our Sindh High Court,
06:24there is a lot of work.
06:26But in our Sindh High Court,
06:28there is a lot of work.
06:30But in our Sindh High Court,
06:32there is a lot of work.
06:34But in our Sindh High Court,
06:36there is a lot of work.
06:38But in our Sindh High Court,
06:40there is a lot of work.
06:42But in our Sindh High Court,
06:44there is a lot of work.
06:46But in our Sindh High Court,
06:48there is a lot of work.
06:50But in our Sindh High Court,
06:53there is a lot of work.
06:55But in our Sindh High Court,
06:57there is a lot of work.
06:59But in our Sindh High Court,
07:01there is a lot of work.
07:03But in our Sindh High Court,
07:05there is a lot of work.
07:07But in our Sindh High Court,
07:09there is a lot of work.
07:11But in our Sindh High Court,
07:13there is a lot of work.
07:15But in our Sindh High Court,
07:17there is a lot of work.
07:19But in our Sindh High Court,
07:21there is a lot of work.
07:23But in our Sindh High Court,
07:25there is a lot of work.
07:27But in our Sindh High Court,
07:29there is a lot of work.
07:31But in our Sindh High Court,
07:33there is a lot of work.
07:35But in our Sindh High Court,
07:37there is a lot of work.
07:39But in our Sindh High Court,
07:41there is a lot of work.
07:43But in our Sindh High Court,
07:45there is a lot of work.
07:47But in our Sindh High Court,
07:49there is a lot of work.
07:51But in our Sindh High Court,
07:53there is a lot of work.
07:55But in our Sindh High Court,
07:57there is a lot of work.
07:59But in our Sindh High Court,
08:01there is a lot of work.
08:03But in our Sindh High Court,
08:05there is a lot of work.
08:07But in our Sindh High Court,
08:09there is a lot of work.
08:11But in our Sindh High Court,
08:13there is a lot of work.
08:15But in our Sindh High Court,
08:17there is a lot of work.
08:19But in our Sindh High Court,
08:21there is a lot of work.
08:23But in our Sindh High Court,
08:25there is a lot of work.
08:27But in our Sindh High Court,
08:29there is a lot of work.
08:31But in our Sindh High Court,
08:33there is a lot of work.
08:35But in our Sindh High Court,
08:37there is a lot of work.
08:39But in our Sindh High Court,
08:41there is a lot of work.
08:43But in our Sindh High Court,
08:45there is a lot of work.
08:47But in our Sindh High Court,
08:49there is a lot of work.
08:51But in our Sindh High Court,
08:53there is a lot of work.
08:55But in our Sindh High Court,
08:57there is a lot of work.
08:59But in our Sindh High Court,
09:01there is a lot of work.
09:03But in our Sindh High Court,
09:05there is a lot of work.
09:07But in our Sindh High Court,
09:09there is a lot of work.
09:11But in our Sindh High Court,
09:13there is a lot of work.
09:43But in our Sindh High Court,
09:45there is a lot of work.
09:47But in our Sindh High Court,
09:49there is a lot of work.
09:51But in our Sindh High Court,
09:53there is a lot of work.
09:55But in our Sindh High Court,
09:57there is a lot of work.
09:59But in our Sindh High Court,
10:01there is a lot of work.
10:03But in our Sindh High Court,
10:05there is a lot of work.
10:07But in our Sindh High Court,
10:09there is a lot of work.