Bars to meet on Jan 3 on Justice Ayesha’s elevation

PBC convenes meeting to chalk out joint strategy on matter

ISLAMABAD:

The superior bars have summoned an emergency meeting on January 3 (Monday) to evolve a joint strategy on the nomination of Lahore High Court’s Justice Ayesha Malik for her appointment as a Supreme Court judge.

The Pakistan Bar Council, being the apex regularity body of lawyers, issued a statement on Wednesday.
It read that the PBC vice chairman had convened a joint meeting including himself, executive committees chairman, Judicial Commission of Pakistan (JCP) members and the chiefs of the provincial and Islamabad Bar Councils, Supreme Court Bar Association and high court bar associations on Monday to consider the matter of the elevation of a junior judge of a high court to the Supreme Court in violation of the seniority principle.

The statement read that Chief Justice of Pakistan Gulzar Ahmed had again proposed the name of an LHC junior judge, who was at number four in the seniority list.

The move was superseding three senior judges including the LHC chief justice and the decision would be made at next JCP meeting which is being held on January 5.

Justice Ayesha Malik’s name was earlier disapproved by the commission.

READ CJ again floats Justice Ayesha’s name for SC slot

The superior bars are consistently opposing the elevation of junior high court judges to the SC for the last couple of years. Even the members of the JCP are divided on the seniority principle.
PBC member Muneer Kakar said the bar was not against the elevation of female judge to the SC, but consistently advocating that the seniority principle should be followed.

However, former PBC vice chairman Abid Saqi has dissented with the bar’s opinion against nomination of Justice Ayesha. He believes that Justice Ayesha must be elevated to the SC. It is learnt that most of the PBC members belonging to Punjab have a soft corner for a female judge’s elevation to the SC.

A meeting of the PBC Executive Committee was held on Wednesday in Islamabad under the newly-elected chairman, Muhammad Masood Chishti. The participants of the meeting passed a resolution that “unanimously praised the illustrious career of Justice Sarmad Jalal Usmani, who remained an independent Judge and refused to take oath under the PCO”.

“[Justice Sarmad Jalal Usmani] held his ground against the worst form of dictatorship and always stood for the Rule of Law and the Constitution while adhering to the principle of good conscience and justice,” it added.

“After his appointment as a member of the JCP, the bar council and public at large expect the same level of steadfastness and perseverance for principle of seniority in appointment of judges to the superior judiciary.”

The PBC reiterated its consistent stance to stand for the principle of seniority for which the legal fraternity remained on strike for the last one year.