Justice Isa for elevation of SHC, PHC CJs to SC

ISLAMABAD: Supreme Court senior judge and member Judicial Commission of Pakistan (JCP) Justice Qazi Faez Isa has recommended the names of Sindh High Court Chief Justice Ahmed Ali M Shaikh and acting Chief Justice Peshawar High Court Justice Musarrat Hilali for their elevation to the Supreme Court.

According to Akhtar Hussain, Member Judicial Commission of Pakistan, Justice Isa had sent letters to all the nine-members of the Judicial Commission of Pakistan. The letters would be received on Tuesday (today).

Justice Isa has recommended the names of chief justices of Peshawar High Court and Sindh High Court for their elevation to the Supreme Court,” Akhtar Hussain told The News on Monday.

He said the senior judge had called for convening a meeting of the Judicial Commission for deliberations on their elevation to the apex court.

Presently, there are 15 judges in the Supreme Court against the required strength of 17. The Judicial Commission was established under the 18th Amendment for recommending elevation of high court judges to the Supreme Court.

After the Commission’s recommendation, the names of judges are forwarded to the parliamentary committee which after approval sends the names to the president for final approval. Earlier, in 2021, the Judicial Commission — headed by former chief justice of Pakistan Justice Gulzar Ahmed — had recommended Chief Justice Sindh High Court Justice Ahmed Ali M Sheikh as ad hoc judge of the Supreme Court. However, Justice Sheikh refused to be elevated as ad hoc judge.

The legal fraternity had also strongly opposed the elevation of Justice Sheikh as ad hoc judge and emphasised the appointment of judges to the Supreme Court on the principle of seniority. They had also opposed the elevation of Justice Ayesha A Malik, the first female judge to the apex court, and Justice Muhammad Al Mazhar.

Justice Ahmed Ali M sheikh took oath as the SHC Chief Justice on March 15, 2017. Similarly, on April 1, Justice Musarrat Hilali took oath as the first acting female Chief Justice of Peshawar High Court (PHC).

Later on, the Judicial Commission of Pakistan (JCP) on April 14 recommended the name of Justice Musarrat Hilali as the regular Chief Justice of Peshawar High Court, while the Parliamentary Committee on Appointment of Judges is yet to approve her nomination.

Justice Hilali was elevated to the Peshawar High Court as an additional judge on March 26, 2013, and confirmed as a permanent judge of the PHC on March 13, 2014. According to the seniority list of the high court, Justice Hilali will retire on August 7, 2023.