ISLAMABAD - Chief Justice of Pakistan Justice Gulzar Ahmed Friday again proposed the name of Lahore High Court (LHC) Judge Ayesha Malik for a judge of the apex court. Justice Ayesha became LHC judge in March 2012 and is currently on number four on the LHC judge seniority list. In case of her elevation, she will work as a Supreme Court judge until June 2031. She will also become the chief justice of Pakistan after the retirement of Justice Yahya Afridi in January 2030.
The Judicial Commission of Pakistan would consider elevation of Justice Ayesha Malik to the Supreme in its meeting to be held on January 6.
In September this year, the JCP had met to consider her nomination but consensus could not be developed among the members.
Chief Justice Gulzar Ahmed, Justice Umar Ata Bandial, Attorney General for Pakistan (AGP) Khalid Jawed Khan and Law Minister Dr Farogh Naseem had supported her nomination, while Justice Maqbool Baqar, Justice Sardar Tariq Masood and Justice (retd) Dost Muhammad Khan and Pakistan Bar Council representative in the JCP Akhtar Hussain had opposed it. Justice Qazi Faez Isa, another member of the JCP, had not attended the said meeting.
Justice (retd) Dost Muhammad Khan, a JCP member who opposed the nomination, had retired from the JCP after his two-year tenure ended earlier this year. Justice (retd) Sarmad Jalal Osmani is now a JCP member.
It is pertinent to mention here that no female judge has ever been elevated to the Supreme Court in the judicial history of Pakistan.
Meanwhile, Khush Dil Khan, Vice-Chairman Pakistan Bar Council, has expressed his serious reservations and concerns regarding the move to violate seniority principle for elevation of judges to the Supreme Court and High Court. He also emphasized that it is a consistent stance of the legal fraternity that the judges should be elevated on the principle of seniority in all courts and the practice to make a pick and choose should be stopped.
He further said that if the seniority principle is violated for elevation/appointment of judges to the Supreme Court, High Court and lower courts, the legal fraternity will resist it with full force and zeal.
