Justice Ayesha takes oath as first female SC judge

F.P. Report

ISLAMABAD: Justice Ayesha Malik has made history as she took oath as the first female judge of the Supreme Court of Pakistan on Monday.

Justice Ayesha who was elevated to the apex court from the Lahore High Court sworn in as the Supreme Court judge. Chief Justice of Pakistan Gulzar Ahmad administered her oath.

Judges, attorney general and senior lawyers attended the swearing-in ceremony.

CJP Gulzar while addressing the function said that he did not want to take the credit for anything.

Justice Ayesha has become SC judge on the basis of her own ability, he added.

Last week President Arif Alvi gave approval of her appointment as SC judge following a formal go-ahead to the promotion from the Parliamentary Committee on Judges Appointments. The Judicial Commission of Pakistan had on January 7 approved the elevation with a vote of five for and four against after a heated discussion on whether judges should be appointed based on merit or seniority.

It is pertinent to mention here that Justice Ayesha Malik was ranked fourth in the Lahore High Court in terms of seniority, but is widely respected as a capable judge.

Justice Ayesha Malik was nominated to take the seat being vacated by Justice Mushir Alam following his retirement on August 17.

Her appointment had been suggested by the Chief Justice of Pakistan and the Chief Justice of the Lahore High Court. Justice Ayesha had subsequently agreed to the elevation in writing.

Born in 1966, Justice Ayesha Malik completed her basic education from schools in Paris, New York, and Karachi, according to the LHC’s website.

She completed her B.Com from the Government College of Commerce and Economics, Karachi, and studied law at Pakistan College of Law, Lahore.

She did LLM from Harvard Law School and has also worked with Fakhurddin G Ebrahim. Justice Ayesha has appeared in the high courts, district courts, banking courts, special tribunals, and arbitration tribunals.

The justice was called upon as an expert witness in family law cases conducted in England and Australia involving issues of child custody, divorce, women’s rights, and constitutional protection for women in Pakistan.

She became LHC judge on March 27, 2012 and during her nine years and 10 months tenure as LHC judge, she made a record of deciding over 35,000 cases.

Justice Ayehsa Malik gave her landmark judgment back in June 2021 when she had declared virginity tests for examination of sexual assault survivors “illegal and against the Constitution of Pakistan.”

She also gave a verdict declaring the transfer of Sharif family’s sugar mills as illegal. She also gave a decision to make it compulsory for the candidates to declare their complete assets for contesting the general elections.

She also declared it unnecessary to take a civil court declaration for change of name in NADRA. Justice Ayesha Malik also gave order of merit-based hiring of women in CTD. In another landmark decision, Justice Ayesha declared that unmarried daughter of deceased male or female government employees will be given the pension.

Justice Ayesha Malik will serve in the Supreme Court till June 2, 2031 before her retirement and she would also get the honour of becoming first female Chief Justice of Pakistan.