The Law and Justice Ministry issued a notification on Monday appointing the Chief Justice of the Sindh High Court (SHC) Ahmed Ali Sheikh as the ad hoc Supreme Court judge for one year despite his refusal.
“In the exercise of the powers conferred by Article 182 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to approve the appointment of Judge Ahmed Ali M. Sheikh as Judge ad hoc of the Supreme Court of Pakistan, requiring him to attend Supreme Court hearings for a period of one year from the date he is sworn in, “said a notification issued by the Justice Ministry.
On August 12, it was reported that Judge Sheikh had again refused to become a judge ad hoc of the SC.
As reported in the press, by a majority decision, the Honorable Judicial Commission of Pakistan has decided that I should attend the sitting of the Supreme Court of Pakistan as an ad hoc judge but subject to my consent. I am touched by this decision, ”said a letter released by Judge Sheikh on Aug. 10 and available from The Express Tribune.
“In short, respectfully, I do not consent,” said the CHS Chief Justice.
On August 10, it was reported that with a 5-4 vote, the Pakistan Judicial Commission (JCP) appointed the CHS Chief Justice for the post for one year.
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However, Pakistan Attorney General (AGP) Khalid Javed Khan had supported the appointment subject to the consent of Judge Sheikh, who had previously expressed his reluctance to take the post.
Earlier, sources revealed to The Express Tribune that at the JCP meeting on August 10, Pakistan Chief Justice Gulzar Ahmed, Judge Mushir Alam, Judge Umar Ata Bandial and Minister of Justice Dr Farogh Naseem, voted for the appointment of the CHS Chief Justice to the SC without his consent.
Judge Qazi Faez Isa, Judge Maqbool Baqar, Judge (retired) Dost Muhammad Khan and Pakistan Bar Council (PBC) representative Akhtar Hussain, however, strongly opposed the appointment, saying that a chief justice of the high court cannot be elevated to the rank of ad hoc judge of the supreme court.
They argued that under Article 182 of the Constitution, only a judge of the High Court can be appointed an ad hoc judge of the SC. The AGP, in his three-page written opinion, said the CHS Chief Justice could be appointed an ad hoc judge subject to his consent.
The sources said Dr Farogh Naseem said Article 206 of the Constitution would apply in the event that the CHS Chief Justice refuses to become an ad hoc Supreme Court judge.
Article 206 reads: “The judge of a high court who does not accept the appointment as judge of the SC is deemed to have retired … and, upon such retirement, he is entitled to a pension calculated on the basis of his retirement. the basis of the duration of his mandate. service as a judge and total service, if applicable, in the service of Pakistan “.
However, other members of the JCP, including the AGP, disagreed with the Justice Minister’s assertion.