K-P all set to have first woman chief justice
The Khyber-Pakhtunkhwa province is expected to have its first woman chief justice as two senior judges of the Peshawar High Court (PHC) are scheduled to retire this week.
PHC Chief Justice Qaiser Rashid, who is also a member of the Supreme Judicial Council (SJC), is retiring on March 30 and Senior Puisne Judge Roohul Amin Khan on March 31.
After their retirement, Justice Musarrat Hilali is the senior-most in the PHC judges’ seniority list. Therefore, she will be the first woman PHC chief justice until her retirement on August 7.
Interestingly, Chief Justice of Pakistan Umar Ata Bandial has yet to summon a meeting of the Judicial Commission of Pakistan (JCP) to consider the nomination of the new PHC CJ. It is expected that Justice Musarrat will be appointed as an acting CJ first. Later, she may be recommended as a permanent PHC CJ.
Former K-P advocate general Shumail Butt said, “Iit is a proud moment for the K-P province.”
A province otherwise portrayed as a hardliner archaic hub of patriarchal mindset was going to appoint the first lady chief justice of the high court.
“This is going to present a very soft image of Pashtuns to the world," Sarwar Muzaffar Shah Advocate, who is doing practice at the PHC, said.
“Justice Musarrat’s appointment as the first woman chief justice of K-P is a positive development in many aspects- she is a judge who demonstrates a lot of judicial courage on the bench which even some men judges lack it."
Though she will be the chief justice of the PHC for a few months, symbolically it will have far-reaching effects especially for the women of the province.
Advocate Sarwar stated that many young girls, especially law students and lawyers, would be encouraged because a very high glass ceiling would be shattered by her appointment as the K-P chief justice.
"Her most celebrated characteristic as a judge is that she is an independent-minded judge who takes decisions without fear or favour," he added.
Another lawyer Umer Gilani said that as the first-ever woman chief justice of a high court, the elevation of Justice Musarrat would be a milestone in judicial history.
"In almost one decade of judicial service, Justice Musarrat has established herself as a judge of unimpeachable integrity. She carries out her court in a commanding yet courteous manner. Pakistan can rightfully be proud of the accomplishment of such a person,” he added.
Meanwhile, K-P lawyers were upset for not considering PHC judges’ elevation to the Supreme Court.
Pakistan Bar Council member Amjad Shah expressed disappointment for ignoring two senior-most PHC judges regarding their elevation to the SC and now they were retiring this week.
He wondered why the PHC judges were being subjected to discrimination. He said that after the merger of Federally Administered Tribal Areas, the population of the K-P province had increased. “At least the two PHC judges should be elevated to the SC,” he added.
Interestingly, CJP Bandial had recommended the elevation of incumbent PHC CJ Qaiser Rashid last year but majority of the JCP members were in favour to defer his nomination. Later, he was not recommended for elevation to the SC.
Strong voices were being raised from the bench and the bar over what was being seen as an “improper” representation in the superior court.
Last year, a delegation of four PHC judges met with CJP Bandial to convey their concerns over the non-nomination of a judge of the PHC for elevation to the apex court.