Nawaz Abbasi may be appointed as ad hoc SC judge

Reports are circulating within some quarters that provisions are being made to allow Justice Nawaz Abbasi, who took oath under Provisional Constitutional Order (PCO) to serve in an ad hoc position in the Supreme Court. It ironic that on one hand the government [aka Zardari] is making tall claims to push for restoration of judiciary through parliamentary measures [which according all legal experts only requires an executive order] but at the same time they are making provisions to accommodate and reward their favored judges for their loyalty. No brownie points for guessing the victor of the next case that comes up.

The News, 21th May: “There is a precedent in the Supreme Court history when a judge of the court was appointed on ad hoc basis immediately after his retirement. Therefore if Justice Nawaz Abbasi is appointed as an ad hoc judge after his retirement, it would not be a new thing in the Supreme Court,” said sources.

Federal Law Minister Farooq H Naek, when asked about the appointment of Justice Nawaz Abbasi as an ad hoc judge, said that it was not his duty to appoint ad hoc judges. “The summary is sent by the chief justice and it comes to the Ministry of Law and the ministry can raise objections on the appointment,” said the minister. “But it would be a request and the ministry would only forward that request,” he added.

The Article 182 of the Constitution says: “If at any time it is not possible for want of quorum of judges of the Supreme Court to hold or continue any sitting of the court, or for any other reason it is necessary to increase temporarily the number of judges of the Supreme Court


It seems they’re planning to tuck themselves into the loop hole provided by Article 182 of the constitution, pleading a lack of quorum in the Supreme Court as the need to appoint Mr. Nawaz Abbasi as an ad hoc judge. We must remember that these are still just initial reports discovered by The News – but what lends it some credibility is that the Law Minster Farooq Naek did not deny the report, so there must be some reality in the discussions taking place. Don’t hold your breath, we are in for some interesting political & judicial manipulations to ensure the stooges are awarded their due compensation.


Posted

in

, ,

by

Comments

9 responses to “Nawaz Abbasi may be appointed as ad hoc SC judge”

  1. dr razahaider Avatar

    Teeth please stop flowing ill reports vide news papers .complete article is as is below

    182. Appointment of ad hoc Judges.
    If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold or continue any sitting of the Court, or for any other reason it is necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Pakistan may, in writing,-
    (a) with the approval of the President, request any person who has held the office of a Judge of that Court and since whose ceasing to hold that office three years have not elapsed; or
    (b) with the approval of the President and with the consent of the Chief justice of a High Court, require a Judge of that Court qualified for appointment as a judge of the Supreme Court,
    to attend sittings of the Supreme Court as an ad hoc Judge for such period as may be necessary and while so attending an ad hoc Judge shall have the same power and jurisdiction as a Judge of the Supreme Court.
    183. Seat of the Supreme Court.
    (1) The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad.
    (2) The Supreme Court may from time to time to time sit in such other places as the Chief Justice of Pakistan, with the approval of the President, may appoint.
    (3) Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may [165] appoint

  2. dr razahaider Avatar

    adhoc judges are assignment based tenure ,being teporary judge with no penshionable service and emoluments like a permanent judge .the service rule under such appointment will not match to compete on seniority basis,whereas mr naik ,who is unfamiliar with judiciary and judicature has nothing to do with trhe appointments ,he was never that much competence neither that much credible in the eyes of constitutional experts.

  3. Tahseen Alam Khan Avatar
    Tahseen Alam Khan

    What difference will it make??????????
    Who Cares????????????

  4. Teeth Maestro Avatar

    @Raza thanx for sharing the info – if I get you correct you mean to say that since its an adhoc posistion he will get no pension etc and its a temp appointment – fine but when was it about salary and pensions – its about the power to influence decisions on maybe some key cases heck s small price to pay to win my case which itself maybe worth millions – that’s where the independence of judicary comes into play – after the appointment can I be assured of his neutrality – maybe a little bit surely a strong bias when the appointees come knocking on the door calling in the favor – isn’t this exactly the problems which have plagued our courts since long.

    Could I have misunderstood your point if so – a little clarification would help thanx

    @tehseen I agree with you 100% the circus continues endlessly and they shamelessly make a fool out of us.

    Then again whoever said they are public servants – it was public service right uptill the votes were cast after that it was ‘the public which is now their servants’ – ironic

  5. Tahseen Alam Khan Avatar
    Tahseen Alam Khan

    Hum ne jo bhool ke bhi Shaah ka Qassida na likha
    Shayed aaya issi khuubi ki badulat Likhna

    Dahar ke Ghum se huaa rabt to hum Bhool gaye
    Sarv qammat ki javani ko Qayamat likhna

    Kuchh bhi Kahtay hain Shaah Kay Massahib ‘Jalib’
    Rang Rakhana yahee apna issi Surat Likhna

  6. M@NI Avatar
    M@NI

    Its not about the frindge benefits, its all about ego and dignity. And the real judges (who dint oath under PCO) have won it by miles…
    Hats off to the real heroes

  7. dr razahaider Avatar

    Thank you very much teeth, sir this is not like that I am calculating position on the basis of benefits and emoluments.

    You see teeth; we got to perceive things in right methodology of horizon and its domain. this is right time that we should start and rectify things at and from the hands of those who are experts in the subjects or at least being exposed to the subject .issue based politics in Pakistan has created a menace and this is because of irrational indulgence of every such concerned who must not get access as consultant on the subject, resulting in messing of all such institute because of inability to be familiar with the ground realities, terminologies or procedural SOPs.

    Sir terms as power, authority and writ etc, although contextual meanings are different but the spectrum of usage s are almost identical.

    Ego is a subconscious feel and falsely created self centered sphere in which one fits himself on ground of his extreme limitations. ego has infact nothing to do with the reality .self created boundaries restricts the mechanics of thinking curtailing one in to restricted linear ,rigid thinker ,sacrificing every truth and on ground circumstantial realities .

    You see, things perceived on the basis of ego sacrifices and escapes realism and enters in to the policy of tit for tat. thus putting things in wrong direction ,as the motive always resides at initial stressing point that what is said ,it be implemented first and then will see what to do next ,

    If system is to be rectified mode should be to replace the system by way of reassessing and genuinely placing things at genuine merit grounds, so that under any circumstances derangement at any level curtails it’s reshuffling and remodeling by individual or law such as this PCO.

    Dear I have been very close to these political goons and extreme of beuorocracy by virtue of my father and my previous military appointments. This is not like that this exposure has created some what tag as champion but, there are things which when exposed create a profile as experience on the subject.

    Appointment of these judges, if at all on adhoc would put them on the role of junior most judge on the bench with chief justice prerogative to allot cases or benches as per his discretion. it is also the discretion of chief justice to put him as OSD sort of appointment or in some unrequited judicial inquiry or whatsoever . Under such circumstances his re appointment will be of no usage to the people and misconception would continue as it is in prevailing at present. please stay in touch as there are too many things on the issue .regards

  8. Ghazala Khan Avatar

    We all are being betrayed. U r right in saying thatits time for political & judicial manipulations that willaward compensations to the stooges.
    N now its time to fight…

  9. M Junaid Khan Avatar

    I tend to agree with Dr Raza to a certain extent. It is like punishing a person for a crime he has not yet committed. I agree that such appointments tend to show bias but i think that is the failure on behalf of those who show bias and not on the part of the person appointing him.
    Giving some time to a judge to fill the vacuum created by the removal on judges has created tremendous problems for the masses who are sick of this whole episode. I am not advocating anything for this particular judge but i am just saying that judges should be appointed on ad-hoc basis to help them smoothly run the affairs of the supreme court as the common man is suffering a lot.