Appointment of Ad Hoc Judges in Supreme Court |  President IHC Riasat Ali Azad's Analysis - video Dailymotion

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#reservedseats #supremecourt #adhoc #breakingnews #11thhour #pti #imrankhan #sunniittehadcouncil   Appointment of Ad Hoc Judges in Supreme Court |  President IHC Riasat Ali Azad's Analysis

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00:00that ad-hoc judges should be appointed in the Supreme Court.

00:03On what basis was it done?

00:05Basically, a report of the Law and Justice Commission of Pakistan came out.

00:09It was said that the pending cases in the country are 2.26 million.

00:17That is, more than 22 lakh cases are pending.

00:20A surprising discovery was that 82% of the cases are in the lower judiciary.

00:26Only 18% of the cases are in the upper judiciary,

00:31in which there is a Supreme Court, Federal Shariat Court and High Courts.

00:34In this regard, the Chief Justice decided that ad-hoc judges should be appointed.

00:43And the way I was talking to him, what is the practice of appointment?

00:46The article of the law is 182 in this regard, if we can show it on the screen.

00:50Basically, he says that if at any time an appointment of ad-hoc judges is made,

00:56it is not possible for the want of quorum of judges of the Supreme Court

01:00to hold or continue any sitting of the court.

01:03Or for any other reason, it is necessary to increase temporarily

01:07the number of judges of the Supreme Court.

01:09The Chief Justice of Pakistan, in consultation with the Judicial Commission,

01:14as provided in Clause 2 of Article 175A,

01:17may, in writing, with the approval of the President,

01:20request any person who has held the office of judge of that court

01:23and since who is ceasing to hold that office,

01:25three years have not elapsed, or with the approval of President,

01:29and with the consent of the Chief Justice of a High Court,

01:31require a judge of that court qualified for the appointment as a judge of Supreme Court.

01:36So, in this regard, Article 182 of the law.

01:40Now, the issues that are being discussed here is that

01:44how this situation could have been managed.

01:47Now, as we have seen that two judges,

01:49one of whom is Justice Musheer Alam,

01:51his name was given in the name of four people,

01:54and one is Justice Maqbool Waqar.

01:55Now, on behalf of those two judges, this matter has been excused.

02:00That is, they are saying that we cannot be a part of this.

02:03So, Mr. Riyasat Ali Azad,

02:05whatever it is, transparency is the key.

02:08At this time, timing is very important.

02:10The accusation of PTI is in front of you

02:12that they are trying to increase the numbers and get the desired decision.

02:16Now, on the other hand, it can be seen that only the cases have to be solved.

02:20Could it have been made better in your opinion?

02:23You could have consulted with the President,

02:25you could have informed him.

02:26You could have consulted with the people whose names were being taken,

02:29whether you want to be a part of it or not.

02:33Actually, PTI is a little concerned with these judges

02:37that some of their judgments are such,

02:39like the verdict of Sardar Tariq Sahib regarding the Army Court.

02:42Leave all these things.

02:44In my personal opinion, this timing is not correct.

02:47Okay.

02:47To accuse judges.

02:49And our custom is that the Chief Justice who is about to leave,

02:52he never makes new decisions.

02:55This has always been the case.

02:57Two or three months ago,

02:59four months ago, the Judicial Commission was never held.

03:02Since he is leaving,

03:03this is the domain and discretion of the future Chief Justice.

03:06The timing at this time,

03:08since the Supreme Court of Pakistan's judgment has come,

03:13now it seems that since the review is also being filed,

03:18although these judges will not sit in the review,

03:21but some of the references that are being heard,

03:24like the government,

03:25earlier also, I don't know their intention,

03:27Allah knows,

03:28Allah knows their intention.

03:30That the government was doing some enhancement,

03:33was enhancing the judges or extension.

03:38But these things have also been cut off from the government.

03:41Now, the reference that they talked about,

03:43along with the Dark Judges,

03:45these have also been cut off.

03:47Okay.

03:47The need for this was,

03:48see, if you had to make the basis of this thing,

03:52that the backlog was more,

03:5515-20 days ago,

03:56Mr. Geba, our respected Judge, was elevated.

03:59If there was so much need for Dark Judges,

04:02then it is not necessary that you put Retiree Judges.

04:05In 182B,

04:07any High Court Chief Justice can take a consent

04:12and can bring any judge for a month,

04:14for two,

04:15for four,

04:16for a year.

04:17Why didn't you bring it earlier?

04:20One more thing,

04:21one more thing,

04:22Mr. Riyasat Ali Azad.

04:23Mr. Satish, one second.

04:24There is a backlog.

04:26I was putting a supplementary question in this.

04:28Related to this.

04:29The issue of High Courts has come up,

04:32so a point of view is being used in that,

04:34that because in those High Courts,

04:36the judges themselves are present,

04:38there is a need for more judges,

04:39because the backlog is already there.

04:41A question is being raised in that,

04:43that if the people who have already retired,

04:45were a part of this process,

04:46then it is possible that the backlog is also because of them.

04:48So wasn't this a possibility?

04:50No.

04:51Like,

04:52let me complete my question.

04:54Like,

04:55to become a judge,

04:57there is a condition,

04:58that if you have been practicing law for 10 or 15 years,

05:00then you are eligible to become a judge.

05:02So can't a senior lawyer,

05:04with a little bit of leeway,

05:07become a judge ad hoc?

05:09If it has to be done temporarily,

05:10is this a possibility?

05:11Yes, it can be done.

05:12Then why not?

05:15A person who has been standing for 15 years,

05:17he can become a Judge Elevate,

05:19he can also become a Dark Judge.

05:21And if you look at 182B,

05:23then you can make any serving judge,

05:25a Dark Judge from any High Court.

05:27The numbers are already low there, right?

05:29What is the compulsion?

05:30You have to appoint these retired judges.

05:32Okay.

05:33There has been a lot of controversy over this.

05:35Why should the institution be controversial?

05:37The question arises,

05:38that in the whole of Pakistan,

05:40in all four High Courts,

05:42there is a shortage of 50 judges.

05:44If this backlog is the question,

05:46like you said in your intro,

05:4882% of the judges are District Courts,

05:51where there is an appendix.

05:53And if there are more than 20 judges,

05:55then you can also appoint judges in the High Courts.

05:57If you look at it now,

05:59you can appoint these judges.

06:01Apart from this,

06:02there are a lot of other lists,

06:03in which if you consider the King of Military,

06:06then there are excellent judges like Malik Manzoor,

06:10Umar Atta Bandyal,

06:12and there are a lot of other judges.

06:14Because it is provided that

06:16if you have not elapsed three years,

06:18then you can appoint judges.

06:20I think that if you,

06:22look,

06:23if you go to 182,

06:25then it is written there,

06:27that want of quorum,

06:29and continue sitting.

06:30Your quorum is complete there.

06:3217 have been completed.

06:33Okay.

06:34I think that you should...

06:36I will talk to Mr. Afnan about this.

06:39Yes, yes.

06:40I have already requested the Islamabad High Court

06:43that neither should the age of judges be increased,

06:45nor should the extension be given,

06:47nor should the retired judges be given a job,

06:49nor should a retired general be given a job.

06:51People have not died behind,

06:53have not finished.

06:54The lack of talent.

06:55Okay.

06:56Okay, we got your point.

06:58I have also said that the retired judges from the Supreme Court,

07:01or from the High Court,

07:02our Bar Councils,

07:05should not even give them a lawyer's license,

07:07because they have played a huge role in their lives.

07:10Absolutely.

07:11They had to deliver this nation,

07:13and they have done it.

07:14The nation salutes them,

07:15and gives new people a chance.

07:16And there is a reason that it is the age of retirement.

07:18Mr. Afnan, what is your point of view on this?

07:21Because, of course,

07:22the cases are happening.

07:23Of course, the President is present,

07:25there can also be a discussion with him.

07:26The people who are now refusing,

07:28if they had been asked before,

07:29then in a way,

07:30do you think it is so necessary

07:32that an ad hoc judge should be appointed immediately?

07:34The number is complete at the moment.

07:37Look, I was very surprised,

07:39he is our brother, a lawyer.

07:40He talked about the law and the law,

07:42but he forgot the law and the law here.

07:45There is a law for appointing an ad hoc judge,

07:48and the government can appoint one,

07:50the Supreme Court can appoint one, if they want.

07:52What is wrong in this?

07:54I mean, it is not possible that,

07:56I mean,

07:57the thing that is favoring Imran Khan,

07:59that cannot be the law, right?

08:01That you go according to his views,

08:03according to the needs of Imrani.

08:05And this Umar Atta,

08:06you are talking about Mr. Bandyal,

08:07that he was the best judge.

08:08He was the best judge.

08:09He has destroyed the law and the law

08:11by appointing two judges,

08:12for the past five years.

08:14From Saqib Mizar to Bandyal,

08:16he has forgotten that.

08:18I am surprised.

08:19Mr. Afnan, my question is different.

Appointment of Ad Hoc Judges in Supreme Court | President IHC Riasat Ali Azad's Analysis

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