Temporary Appointment of Ahmed Ali Shaikh to SC
11th August 2021.
Despite the SHC chief justice’s letter to the commission refuting the impression that he had ever responded to participating Supreme Court sittings as an ad hoc judge, Chief Justice of Pakistan (CJP) Gulzar Ahmed presided over a JCP meeting.
Amidst a joint call by the Sindh Bar Council (SBC), Sindh High Court Bar Association (SHCBA), and Karachi Bar Association (KBA) to blacklist legal processes all through the region on August 10, the JCP meeting is also on time.
The SBC, SHCBA, and KBA, argued that Article 200 permitted the exchange of a high court judge to another high court while Article 182 of the Constitution allowed only a retired Supreme Court or high court judge to be named as an ad hoc judge of the Supreme Court, not the chief justice of the high court.
It was obvious that it was solely up to the commission to decide whether to essentially counsel and afterward concede the matter for another day, remembering the letter of SHC chief justice. If the high court chief justice is asked to sit as an ad hoc judge of the apex court, the JCP could assess whether his intervention is necessary.
Article 200 is about the transfer of high court judges and has nothing to do with the apex court, whereas article 182 b is that with the president’s endorsement, retired Supreme Court judge can be approached to go to apex court sittings as an ad hoc judge for a necessary period.
In the meantime, the SBC, SHCBA, and KBC issued a joint statement warning that appointing the SHC chief justice as an ad hoc in apex court without their consent would set off a dreadful constitutional trend that would forever destroy the high court’s autonomy.
Please contact the Legal Research Institute of Pakistan for further assistance.