Seniority excuse a bane

The legal fraternity is in an argument over the proposed elevation of a woman judge to the apex court. Justice Ayesha A Malik of the Lahore High Court was duly recommended by the Judicial Commission of Pakistan to serve as a judge at the Supreme Court. Her approval has come as part of elevation of justices to the apex court. The commission had also approved Balochistan’s Chief Justice Jamal Khan Mandokhel and Justice Muhammad Ali Mazhar of the Sindh High Court for the top court. But Justice Ayesha’s promotion seems to have hit snags. The Pakistan Bar Council has opposed her candidature observing that she is fourth in terms of seniority at the LHC ladder. If Justice Ayesha makes it to the higher echelons of judiciary, she will have the unique distinction of serving till the year 2031, and of being the first female judge of the Supreme Court.

This seniority principle for long has been a bone of contention in terms of eulogising merit. The bureaucracy had thrived on the premise of being in office from the date of joining till superannuation — irrespective of the individuals’ performance and credentials. This is why our civil services are rotten to the core; and elicit reforms and training on a war-footing basis. The point that no senior officer/judge should be ignored for his/her due promotion is worth the salt. But bureaucrats while being promoted are vetted by high-powered commissions; and their track record of service, additional education and academic courses undertaken, and credibility in good sense constitute indispensable criteria. This is why promotions are part of discretionary powers of the competent authority. If that is the case then Justice Ayesha and her likes cannot be ignored — and the excuse of seniority is unattainable.

In this case, Justice Ayesha is a thinking legal expert, and her credentials are exceptional. She has many publications to her credit, and been a tutor of law on international forums. Last but not least, she has risen in rank and file during the last two decades on merit. Lawyers, jurists and bar councils would be better advised to endorse competence and credibility, rather than taking refuge behind conventionalism. Let the bar for promotions be raised, and not goal posts.

Published in The Express Tribune, August 15^th, 2021.

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