Ad hoc SC judge: SHC CJ again refuses to take oath

ISLAMABAD: President Dr Arif Alvi Monday approved the appointment of Justice Ahmed Ali Sheikh, Sindh High Court (SHC) Chief Justice, as an ad hoc judge of the Supreme Court (SC) for a period of one year, while his oath-taking ceremony will be held on Tuesday (today) at the SC, according to a notification.

Justice Ahmed Sheikh, however, refused to become an ad hoc SC judge. Earlier, he thrice refused attending the Supreme Court sittings as an ad hoc judge. Sending separate letters to Chief Justice of Pakistan and President of Pakistan, the SHC CJ stated that he came to know through Registrar about the notification issued by the President with regard to his appointment as an ad hoc judge of the SC.

Soon after the notification, the SC public relations department issued a press release stating that Chief Justice Gulzar Ahmed will administer the oath to Justice Ahmed Ali M Sheikh on Tuesday (today).

However, according to a letter, addressed to president, Justice Ahmed Ali Sheikh said: “Please note that is a sine quo non for issuing such a notification that the consent of the chief justice of the high court concerned be obtained.”

The letter, a copy of which is available with The News, said: “I had categorically, through three letters, dated 5, 6 and 10 August, 2021, refused such consent.” Justice Ahmed Ali Sheikh said the notification, under reference, has, therefore, been issued without lawful authority and is of no legal effect. “In view of the above, I write to inform you that I will not be attending the sittings of the Supreme Court,” Justice Ahmed Ali said.

The SC Public Relations Department did not issue any statement in this regard till filing of the story. Salahuddin Ahmed, president Sindh High Court Bar Association, told The News when Justice Ahmed Ali Sheikh had refused to become an ad hoc judge of the Supreme Court, there was no legal way to remove him from his slot as the SHC chief justice.

He said if the government issued a notification for his removal despite his refusal, the legal fraternity would evolve future course of strategy, he added. Article 206 of the Constitution relates to resignation of a judge. It states that a judge of the Supreme Court or a high court, who does not accept appointment as a judge of the Supreme Court, shall be deemed to have retired from his office. . . .

The Article, however, is silent about ad hoc appointment of a chief justice of a high court in the Supreme Court. The legal fraternity has been agitating over his recommendation by the Judicial Commission of Pakistan for appointing him as an ad hoc judge of the Supreme Court, and demand that he should be appointed as a permanent judge of the SC. “Tomorrow, if he does not come to take oath as an ad hoc judge of the Supreme Court, then all those who had recommended his appointment as an ad hoc judge should immediately resign,” said Syed Amjad Shah, former vice chairman Pakistan Bar Council.

Separately, Sindh Bar Council Monday gave a strike call for boycott of the court proceedings throughout the province on Tuesday (today) in order to lodge their protest over the appointment of the SHC CJ as an ad hoc judge of SC. Meanwhile, Justice Muhammad Ali Mazhar, judge of Sindh High Court, Monday took oath as a judge of the SC. CJP Justice Gulzar Ahmed administered the oath to Justice Ali Mazhar.

Also, a full court reference, which was scheduled to be held on Tuesday (today) in the Supreme Court on the retirement of Justice Mushir Alam was cancelled due to Covid-19 pandemic situation. A circular has been issued by the Deputy Registrar (Admin) for Registrar Supreme Court stating that the full court reference has been cancelled.