Pakistan’s Judicial Commission just lately confirmed the nomination of the primary lady Supreme Court choose within the historical past of the Muslim-majority nation, paving the way in which for Justice Ayesha A. Malik to hitch the highest courtroom.
The transfer has been broadly welcomed by the federal government, legal professionals, activists and civil society teams, calling it a defining second within the Islamic nation’s judicial historical past.
Chief Justice of Pakistan Gulzar Ahmed supported Malik’s nomination.
The subsequent step is a parliamentary panel the place Prime Minister Imran Khan’s ruling Tehreek-e-Insaf social gathering has greater than sufficient members to verify his appointment for a 10-year time period.
“This is an important development for Pakistan. She is an able judge and a role model for women in the judicial and legal arena,” mentioned Malika Bokhari, the ruling social gathering’s legislator and parliamentary secretary for regulation and justice. dw,
breaking glass ceiling
The Human Rights Commission of Pakistan (HRCP), an impartial rights group, additionally welcomed the appointment.
“As the primary lady choose appointed to the Supreme Court within the judicial historical past of the nation, it is a important step in direction of bettering gender variety within the judiciary, with ladies making up solely 17% of the whole judges and slightly below 4.4% in excessive courts. , HRCP mentioned.
Observers and rights activists imagine the transfer has damaged the glass ceiling and that her appointment will enhance alternatives for ladies within the authorized subject.
“It has definitely broken the glass ceiling. This will impact cases, especially not gender-related ones, but having a woman judge will instill confidence in women to access justice and reach the courts,” Nighat Dad, a digital rights advocate and human rights activist, mentioned dw,
Bokhari additionally holds an analogous opinion. “This is just the beginning of the breaking of the glass ceiling, and we expect more women to end up at the top management level in various fields.”
A exceptional authorized profession
After finishing his fundamental training from colleges in Paris, New York and London, Malik studied regulation on the Pakistan College of Law within the metropolis of Lahore. She then went on to pursue larger research at Harvard University within the US, the place she was awarded the London H. Was named a Gammon Fellow 1998–1999.
Before being appointed as a High Court choose, Malik labored in varied capacities in regulation companies. He additionally wrote a number of publications on commerce and monetary companies, the difficulty of judicial independence and the secular legal guidelines of Pakistan.
In addition, Malik has been a reporter for the Oxford Reports on International Law in Domestic Courts, a publication of Oxford University Press.
Malik additionally appeared as a free advocate for NGOs engaged on poverty alleviation, microfinance and talent improvement programmes.
The 55-year-old is at the moment serving as a choose within the Lahore High Court.
Known for her integrity and self-discipline, Malik was concerned in delivering a number of landmark judgments on key constitutional points, together with the enforcement of worldwide arbitration in Pakistan, declaration of property in elections and most significantly, banning virginity assessments. Woman rape survivor.
Controversial appointment?
Though historic, the transfer by the judicial fee to raise him to the Supreme Court has sparked controversy.
The nine-member physique that confirmed his appointment had turned down his promotion within the apex courtroom final 12 months. The most up-to-date vote was shut, with 5 committee members electing him whereas 4 had been towards him.
Several legal professionals and even judges mentioned that Malik was chosen in violation of the seniority record, as she was not among the many high three most senior judges of the trial courtroom from which she was promoted.
Some legal professionals’ our bodies have threatened to strike and boycott courtroom proceedings, saying their name to draft sure standards for nomination of Supreme Court judges was ignored.
“There isn’t any query that there’s a want for extra illustration of girls within the judiciary. Being a lady is a constructive improvement, however we can’t ignore the method via which arbitrary and non-transparent selections have been taken – not solely on this matter however even earlier than this appointment,” mentioned Islamabad-based lawyer and Adhikar Iman Mazari activist, instructed dw,
“I don’t think the bar’s protest should have been made controversial – it was not exclusive to Justice Ayesha Malik, nor did anyone question her ability as a judge. The debate was on the process of the judicial commission,” Mazari mentioned.
A step in direction of gender equality within the judiciary
Senior advocate Usama J Malik mentioned there’s a false impression that majority of male legal professionals in Pakistan have opposed taking Ayesha Malik to the apex courtroom due to her gender.
“Many male lawyers wholeheartedly support his promotion and feel that there should be more female, ethnic and religious minority members in the higher judiciary.”
Dade, a digital rights advocate, mentioned that regardless of the most recent transfer, extra efforts must be made to make sure extra ladies judges within the nation’s High Courts and Supreme Court.
“More attention should be paid to promoting women judges from the lower courts to the high courts. Malik has been promoted on merit and there are many other women judges and lawyers who are capable of working in high courts,” she mentioned.
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With inputs from TheIndianEXPRESS
