Ayesha Mallik is a Pakistani judge in Lahore High Court. On Thursday, January 6, she was promoted to the Pakistani Supreme Court. The JCP (Judicial Commission Of Pakistan) approved her elevation and this will make her the first-ever woman judge in the Pakistan SC. Her elevation was approved amid various protests against her by the Pakistan Bar Council (PBA).
The decision of Mallik's elevation was taken in the meeting headed by Gulzar Ahmed, Chief Justice Of Pakistan on Thursday. Out of nine, five votes came in Mallik's favour and she was appointed as Supreme Court judge. A meeting regarding Mallik's elevation was also held previously on September 9, 2021, but the votes did not come in her favour and her elevation was rejected.
Protest Against Ayesha Mallik's Elevation
While there were many politicians and judges who congratulated the Pakistani judge, there were also protests against her in the country. Supreme Court Bar Association and bar associations of other courts in the country were against her elevation as she was not the senior most judge of Lahore High Court. There were countrywide protests announced by the President of Supreme Court Bar Association Abdul Latif Afridi and lawyers in the country went on strike to show their disapproval. They also said that they will boycott all court proceedings if the Thursday meeting was not called off.
Mallik is the fourth senior most judge in LHC and the bar associations wanted someone senior to be elevated to Supreme Court of Pakistan. However, her elevation was backed by the statement issued by Women in Law Pakistan initiative. The statement said that seniority was not a criteria for appointment of judges as there were at least 41 times that judges who were not senior most were appointed as Supreme Court judges.
The statement from the initiative also mentioned two articles of Pakistani Constitution that state the qualifications of Cheif Justice Of Pakistan and Supreme Court judges.
The statement disregarded the seniority requirement for SC judges, as raised by the bar councils in Pakistan, It also said that if seniority was a criteria in deciding the judges for SC then it will hamper the holistic reforms that are needed for greater representation and transparency.
Amid all the protests and disapproval, Ayesha Mallik was congratulated by many big names from the field of law and politics in Pakistan. Reema Omer, Legal adviser for the International Commission of Jurists congratulated Mallik on Twitter and wrote, "Congratulations to Justice Ayesha Malik on her nomination for appointment to the Supreme Court! Her presence will enrich the SC in many ways, including by finally bringing a woman’s perspective to the highest court of Pakistan that has shockingly been missing for 74 years"
Journalist Maria Memon stated the very obvious and wrote, "Congratulation, Pakistan! History has been made. Judicial Commission of Pakistan approves nomination of Justice Ayesha Malik for her appointment as Supreme Court Judge." Lawyer Usama Khawar, Parliamentary Secretary for Law and Justice Maleeka Bokhari and Bolo Bhi director Usama Khilji were among the others who congratulated the first-ever female judge in Pakistan Supreme Court.
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