ISLAMABAD: Promoting diversity and representation, Chief Justice of Pakistan Umar Ata Bandial has put forward the nomination of Peshawar High Court (PHC) Chief Justice Musarrat Hilali for appointment to the Supreme Court. This move marks another milestone as another female judge is set to join the apex court.
In a meeting scheduled for June 14, the Judicial Commission of Pakistan (JCP) will review the nomination of Justice Hilali as a Supreme Court judge, as informed by reliable sources. The chief justice, after a heated debate with some JCP members, agreed to convene the session soon following informal discussions on June 7 regarding the two vacant apex court positions.
It is highly anticipated that Justice Bandial will endorse the elevation of Justice Hilali to the Supreme Court. Having served as the Chief Justice of PHC, Justice Musarrat Hilali is due to retire in August. If appointed, she will contribute her expertise to the Supreme Court for the next three years. The first female judge, Justice Ayesha Malik from Lahore High Court (LHC), was elevated to the Supreme Court by the JCP in January last year.
In a recent letter, SC Senior Puisne Judge Qazi Faez Isa, also a member of the JCP, proposed the elevation of Chief Justice Hilali and Chief Justice Ahmed Ali Sheikh of Sindh High Court (SHC) to the Supreme Court. The letter addressed the combined 19-month vacancy of two judicial positions in the apex court, resulting from the retirements of Justice Mazhar Alam Khan Miankhel on July 13, 2022, and Justice Sajjad Ali Shah on August 13, 2022.
Highlighting the constitutional obligation of equality and non-discrimination, Justice Isa’s letter stressed the disappointment of the people of Sindh due to the non-appointment of their chief justice to the Supreme Court. Additionally, concerns were raised about the limited representation of Khyber Pakhtunkhwa (K-P) in the apex court, with only one judge from the province.
Legal opinion on the matter supports Justice Hilali’s potential appointment, recognizing her remarkable achievements throughout her legal career. She holds the distinction of being a trailblazer, having served in various groundbreaking roles. Justice Hilali was the first woman to be elected as the secretary of the Peshawar High Court Bar Association (PHCBA), vice president of PHCBA, general secretary of PHCBA, and executive member of the Supreme Court Bar Association (SCBA). She also served as the first female additional advocate general (AAG) of K-P, chairperson of the K-P environmental tribunal, and federal ombudsperson in Pakistan for women’s workplace harassment.
Notably, Justice Hilali became a judge of PHC without prior service in the district judiciary, breaking barriers as the first female lawyer in K-P to achieve this milestone. Recently, she was appointed as the first female Chief Justice of PHC. Her potential appointment to the Supreme Court is crucial in enriching the emerging jurisprudence and ensuring fair representation for K-P and women in the justice sector.
As Chief Justice Musarrat Hilali’s nomination awaits consideration, her vast and diverse experience promises to contribute significantly to the apex court, fostering a more inclusive and representative judiciary.
Published in PakWeb, June 9th, 2023.
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