Representatives of the higher bar associations again threatened to boycott all court proceedings in case the January 6 Pakistan Judicial Commission (JCP) meeting to consider the appointment of Judge Ayesha Malik for her appointment as a judge of the Supreme Court would not be postponed or revoked.
A meeting of representatives from Pakistan, provincial and Islamabad bars, the Supreme Court Bar Association and all High Court bar associations was held on Monday.
The meeting expressed its commitment to the independence of the judiciary, the rule of law and the establishment of genuine democratic institutions in the country.
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The representative meeting took note of the appointment of Judge Ayesha Malik for appointment to the Honorable Supreme Court, violating the principle of seniority, replacing three honorable judges of the High Court of Lahore (LHC), including the Honorable Judge in chief, who are not only superior to her. in service but also senior in legal practice prior to their elevation to the Honorable High Court.
The participants were of the opinion that the meeting of representatives also believes that the bar association constantly demands to set the criteria for the elevation of judges to the higher magistracy, not only for appointment to the Supreme Court, but also to the high courts and the judiciary. federal sharia. To research.
“The Bar is of the opinion that the detailed criteria for the elevation and appointment of superior court judges should be set by the Pakistan Judicial Commission in consultation with the Bar and the Parliamentary Commission who are all equal stakeholders.
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Representatives of the JCP bars over the past three years are also calling for changes to the Judicial Commission Rules, 1980, which are admittedly very summary, but no attention is paid to such valid and genuine requests.
“Therefore, this meeting is of the opinion that no further appointment to the Supreme Court will be made until the detailed criteria namely taking into consideration the principle of seniority and therefore also the amendments in the rules of the Pakistan Judicial Commission, 1980 for such an appointment is made. “
This Meeting of Representatives further wishes to draw the attention of the Honorable Chief Justice of Pakistan to his own well-founded principle that no Chief Justice should initiate the process of elevation or appointment to the higher magistracy approaching the end of the spectrum. end of his term, therefore, the meeting in all humility requests him to recall the January 6, 2022, meeting of the Pakistan Judicial Commission for the appointment of Judge Ms. Ayesha Malik, to the Honorable Supreme Court.
The representative meeting also decided to call upon Parliament and all political parties for amendments to Article 175A and Article 209 of the Constitution regarding the appointment of superior court judges and their dismissal.
Judge Ayesha became an LHC Judge in March 2012 and is currently fourth on the LHC Judges Seniority List
In the case of her elevation, she will work as a Supreme Court judge until June 2031.
She will also become Chief Justice of Pakistan following the retirement of Judge Yahya Afridi in January 2030.
No female judge has ever been elevated to the Supreme Court in the country’s judicial history.