The appointment of Justice Ayesha Malik, Pakistan’s first female Supreme Court judge, appears to be stuck in the mud. The Judicial Commission of Pakistan (JCP) will make the ultimate verdict on this dispute during its meeting on Thursday. The Pakistan Bar Council (PBC) has previously threatened and Also said if Justice Ayesha is elevated to the Supreme Court, all of the country’s courts will be shut down.
The unique aspect is that the Bar Council has given no specific rationale for its objection to Justice Ayesha. He believes that it is OK in the High Court, but that no woman should be appointed to the Supreme Court.
Meeting on 6th January 2022
The decision on Justice Ayesha’s appointment as a Supreme Court judge will be made at the Pakistan Judicial Commission’s meeting on January 6th. At the most recent meeting, four members voted in favour of the appointment, while four voted against it. Justice Ayesha Maliko was twice appointed to the Supreme Court by Chief Justice Gulzar Ahmed, but both times he was overruled. Opponents argue that because Justice Gulzar is soon to retire, the decision will be made by the future Chief Justice.
Bar Council Threat
The Pakistan Bar Council is refusing to make a definite statement, but it is objecting. The Bar Council has stated that if Justice Ayesha’s nomination is granted, all of the country’s courts would be closed. Justice Ayesha is now assigned to the High Court of Lahore. Ayesha’s appointment has been on hold since September. The Bar Council claims that Justice Ayesha is unable to serve as a Supreme Court justice, regardless of seniority. As a result, the appointment rules should be amended.
Constitutional amendment needed The Constitution has two provisions regarding the nomination of Supreme Court judges. These can be changed by the legislature. Judges can be appointed under 175A, but they can also be dismissed under 209. The Pakistan Bar Council claims that the Chief Justice of Pakistan, Justice Gulzar Ahmed, cannot nominate a judge since he is due to retire. On February 1, a meeting of the Supreme Court’s panel of all justices will be convened.
*Dr. Deepak Miglani, Email id.:- [email protected]