Syed Mohammed Razvi

A principal instance of a crossroads between the rule of law, and the progression of society. As per the principle of seniority, Judges are elevated to the Supreme Court on the basis of seniority. This is mainly to avoid nepotism, and to incentivize judges to perform their judicial duties with the affirmation that they indeed will be elevated once they achieve seniority.

It is submitted that Justice Ayesha’s elevation is indeed a great step forward in terms of inclusivity in the judicial roster, but it’s desirability is questionable in light of the effect it would have on other judges of the respective High Courts of Pakistan.

In a statement released on Friday, PBC vice chairman Khushdil Khan said Justice Ayesha’s elevation would ignore not only the LHC judges senior to her, including the chief justice, but also the chief justices of other high courts.

Khushdil Khan said such nominations would affect the performance of senior judges.

“This move is against the principle of seniority laid down in the 1996 judges case. It has been a consistent stance of the legal fraternity that the Judicial Commission should follow the principle of seniority and stop the practice and desire to pick and choose for elevation to the Supreme Court,” Khushdil Khan stated.

Morphing Neil Armstrong’s words, this is one small step for women, but one giant leap for mankind. 😃

13th August, 2021, marks the day when inclusivity was finally seen in the roster of the Supreme Court, by elevating Justice Ayesha Malik of the Lahore High Court to the Supreme Court of Pakistan.

Justice Ayesha Malik began her legal career by assisting Mr. Fakhurddin G. Ebrahim at Fakhruddin G. Ebrahim & Co., Karachi from 1997 till 2001.

From 2001 till 2004, she worked with Rizvi, Isa, Afridi & Angell, initially as a Senior Associate and later as a Partner till March 2012, She was in Charge of the Firm's Lahore Office during this time spearheading the firm's Corporate & Litigation Department.

On 27 March 2012, Justice Ayesha was elevated as a Justice of the august Lahore High Court.

She has authored several notable judgments with specific reference to the women rights and gender equality.