The first unconstitutional female Supreme Court judge | lawyers raised a number of questions
Channel: Khabrain TV خبریں ٹی وی
Date: 2021-08-31

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ISLAMABAD: In a first in the country’s judicial history, the Judicial Commis­sion of Pakistan (JCP) is going to elevate a woman judge to the Supreme Court when it meets on Sept 9.

Justice Ayesha A. Malik is fourth on the seniority list of the Lahore High Court. If elevated to the apex court, she will remain judge of the Supreme Court until March 2031.

At present the sanctioned strength of the Supreme Court is complete with 17 judges. Justice Ayesha will fill the vacancy when senior puisne judge Justice Mushir Alam will reach superannuation on Aug 17.

“After a little while we have heard positive news which is very refreshing. Otherwise, we have been hearing bad news of disagreements and controversies in relation to the JCP,” said a senior counsel on condition of anonymity. However, he feared that different bar councils and associations may oppose the move on the question of seniority principle since once again a junior judge is being elevated from the high court.

Referring to neighbouring India, the counsel recalled that Justice Fathima Beevi was the first woman judge to have be elevated to the Supreme Court of India. She retired on April 1992. Since then eight female judges had been elevated to the top court of India of which Justice Indira Banerjee is still serving as a judge of the Supreme Court, he said.

Earlier, the JCP had elevated Balochistan High Court Chief Justice Jamal Khan Mandokhel and Justice Muhammad Ali Mazhar of the Sindh High Court as judges of the Supreme Court. The commission had offered SHC Chief Justice Ahmed Ali Shaikh to become an ad hoc judge of the apex court, but he declined.

Sindh High Court Bar Association president Salahuddin Ahmed, while commenting on the development, said Justice Ayesha Malik enjoyed fine reputation as a judge. Moreover, it would be wonderful to see more women in the upper echelons of the judiciary, he added.

“Had the seniority principle been followed, we would have had a woman chief justice of the LHC and a judge of the Supreme Court back in 2002-03 when Justice Fakhrunissa Khokar was wrongly and repeatedly bypassed,” he said, regretting that a number of senior judges had been overlooked not only from Punjab but also from other provinces.

“We are against the principle of pick and choose and thus we cannot support any out-of-turn appointment made to the apex court by the JCP unless it frames consistent objective criteria for making such choices,” Salahuddin Ahmed said.



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