Judicial Com­mis­sion approves elevation of Justice Ayesha Malik to Supreme Court

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Judicial Com­mis­sion approves elevation of Justice Ayesha A. Malik to SC

Jan 6, 2022: 

The Judicial Commission of Pakistan (JCP) on Thursday approved the appointment of Justice Ayesha A. Malik in the Supreme Court.

She is set to become the first female Supreme Court judge. Nominations need to be approved by a parliamentary committee on the appointment of judges, which is considered a formality.

In September last year, the JCP met to consider her nomination but could not reach a consensus among the members. Her nomination was supported by Chief Justice Gulzar Ahmed, Justice Umar Ata Bandial, Attorney General of Pakistan (AGP) Khalid Javed Khan and Law Minister Dr Forough Naseem while Justice Maqbool Baqir, Justice Sardar Tariq Masood and Justice (R) Dost Muhammad Khan was among them who opposed it along with Akhtar Hussain, a representative of the Pakistan Bar Council.

Chief Justice of Pakistan Gulzar Ahmed had again proposed the name of Justice Malik for promotion in the Supreme Court. Justice Malik became a judge of the Lahore High Court in March 2012 and is currently ranked fourth in the Lahore High Court. Following her promotion to the Supreme Court, she will serve as a Supreme Court Judge until June 2031.

Earlier this week, the apex body of lawyers unanimously decided to boycott the proceedings of the Supreme Court on January 6, 2022, if the Judicial Commission of Pakistan (JCP) recommends the promotion of Justice Ayesha Malik.

Pakisan bar council Vice-chairman Khushdil Khan, along with the Council’s Executive Committee Chairman Masood Chisti, on Monday briefed the media about the decision of the meeting, which was participated by the representatives of the Pakistan Bar Council, the provincial/Islamabad Bar Councils, the Supreme Court Bar Association (SCBA), and all the high court bar associations of the country.

He said that the meeting took serious note of once again the nomination of Justice Malik, for appointment in the Supreme Court. It is violating the seniority principle, superseding three judges of the Lahore High court  including its chief justice, who are not only senior to her in service, but also senior in legal practice before their elevation to the High Court, particularly, when their integrity and competence is not in question, he added.

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