Daily Times

Pakistan’s Chief Justice has convened a meeting of the Judicial Commission of Pakistan (JCP) for January 6 to reconsider Justice Ayesha Malik’s elevation to the Supreme Court, Daily Times reported.

According to sources, the meeting on Friday would once again consider Justice Ayesha Malik’s appointment to the Supreme Court.

In a previous meeting in September, the Judicial Commission had deferred the topic.

There are 17 judges in the Supreme Court, with one seat still vacant.

Justice Sardar Tariq Masood of the Supreme Court had told a meeting of the Judicial Commission in September that elevating junior judges to the supreme court jeopardized the judiciary’s independence.

He had outlined his reasons for opposing the elevation of Justice Ayesha Malik of the Lahore High Court (LHC). Justice Masood had also asserted that it would be a pleasure to have a lady judge in the Supreme Court but emphasized that the appointment must be made on merit, without discriminating her other colleagues only on the ground of gender.

Justice Ayesha Malik, who is fourth in the seniority list of LHC judges, was the first woman nominated for elevation to the Supreme Court. However, her nomination had failed to sail through the JCP, as the members could not evolve a consensus on the matter.

Under the Constitution, the JCP can recommend the elevation of the judge to the top court with a majority vote. On September 9, Chief Justice Gulzar Ahmed, Justice Umar Ata Bandial, Attorney General for Pakistan (AGP) Khalid Jawed Khan and Law Minister Dr Farogh Naseem had supported her nomination.

However, Justice Maqbool Baqar, Justice Sardar Tariq Masood, Justice (retd) Dost Muhammad Khan and Pakistan Bar Council representative in the JCP Akhtar Hussain had denounced the nomination, while Justice Qazi Faez Isa, also a member of the JCP, was not present in the meeting.