JCP approves Justice Ayesha Malik’s nomination as Supreme Court judge

The Judicial Commission of Pakistan (JCP) on Thursday approved the nomination of Justice Ayesha Malik as a Supreme Court judge.

If approved, Justice Ayesha would become the first female judge of the apex court.

State news broadcaster PTV tweeted that the JCP met under the chairmanship of Chief Justice Gulzar Ahmed. The meeting was called to discuss the elevation of Justice Ayesha to the highest court of the country.

چیف جسٹس جسٹس گلزار احمد کی صدارت میں سپریم جوڈیشل کمیشن کا اجلاس ۔۔۔جسٹس عائشہ اے ملک کی بطور سپریم کورٹ جج تعیناتی کی سفارش۔۔۔جسٹس عائشہ اے ملک کی تعیناتی کی سفارش چار پانچ کے تناسب سے کی گئی ہے۔۔۔ pic.twitter.com/0Kx4Np34c5

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— PTV News (@PTVNewsOfficial) January 6, 2022

PTV said that Justice Ayesha’s appointment was confirmed with a 5 to 4 vote in the JCP.

The legal fraternity has been divided over the elevation of Justice Ayesha to the highest court of the country ever since CJP Gulzar Ahmed nominated her for the appointment as a Supreme Court judge in August of last year.

Many in the legal fraternity have opposed the appointment as they believe that she does not meet the seniority  criteria.

Read more: CJ Gulzar summons JCP meeting to discuss Justice Ayesha Malik’s elevation to SC

Justice Ayesha is fourth in the seniority list of LHC judges.

What happens next?

According to the Supreme Court, after a nominee is approved by the JCP then their name for elevation is recommended to the parliamentary committee for approval.

“The committee after receipt of nomination from the commission may confirm the nominee by majority of its total membership within fourteen days, failing which the nomination shall be deemed to have been confirmed,” says the Supreme Court on its website regarding the appointment of a apex court judge.

The committee after granting the approval will send the name of the nominee to the prime minister who then forwards the same to the president for confirmation.

If Justice Ayesha’s appointment is confirmed by the Parliament then she will work for 10 years as a judge of the apex court.

Her elevation, if confirmed, also means that Justice Ayesha will be on course to become the first female chief justice of the country after Justice Yahya’s retirement in January 2030.

Historic decision

Law Minister Farogh Naseem, who is a member of the JCP, called the nomination a “historic” decision.

“Judicial Commission has made a historic decision,” Naseem told the media, adding that it will be the “first time” that a woman will become a Supreme Court judge.

“Five voted in favour [and] four opposed [the nomination],” confirmed Naseem.

When asked by journalists whether Justice Qazi Faez Isa opposed the nomination, Naseem said that he cannot share the names of those who opposed the nomination. However, he did agree to share the names of the people who favoured the elevation.

Naseem stated that he along with CJP Gulzar, Justice Umar Ata Bandial, former Supreme Court judge Justice Sarmad Jalal Usmani and the attorney general voted in favour of the nomination.

When pressed about the seniority issue, the law minister said that the Supreme Court has already ruled that the seniority rule does not apply in if a high court judge is being considered for elevation to the apex court.

“If someone has an objection then they may file a review on the Supreme Court’s decision,” said the minister.

Who is Justice Ayesha Malik?

Justice Ayesha was born in 1966 and completed her basic education from schools in Paris and New York and did her Senior Cambridge from the Karachi Grammar School.

The judge’s profile on the Lahore High Court website states that Justice Ayesha did her A Levels from Francis Holland School for Girls in London.

“She completed her B Com from the Government College of Commerce and Economics, Karachi and studied law at Pakistan College of Law, Lahore. She went on to do her LLM from Harvard Law School, Cambridge, Massachusetts, USA where she was named a London H Gammon Fellow 1998-1999 for outstanding merit,” says the website.

Before being elevated to LHC as a judge, she had appeared in the high courts, district courts, banking court, special tribunals and arbitration tribunals as a lawyer.

Justice Ayesha is happily married and has three children.