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Justice Musarrat Hilali Becomes Second Female to Take Oath as SC Judge

by Ayesal A
written by Ayesal A
  • Justice Musarrat Hilali was sworn in as the second female judge in the Supreme Court of Pakistan, bringing the total number of judges to 16.
  • Her appointment, approved by a parliamentary committee, recognizes her legal expertise and previous role as Chief Justice of the Peshawar High Court.
  • Justice Hilali’s inclusion promotes gender diversity and inspires aspiring female lawyers, signalling progress towards a fair and equitable legal system.

Justice Musarrat Hilali was sworn in as a Supreme Court judge in Pakistan, with Chief Justice Umar Ata Bandial administering the oath to her. This historic event marks the appointment of the second female judge in the Supreme Court, solidifying the court’s commitment to gender diversity. With Justice Hilali’s inclusion, the Supreme Court now boasts a total of 16 judges.

Justice Musarrat Hilali’s appointment received approval from a parliamentary committee, further emphasizing the recognition and trust in her legal expertise. Before this distinguished role, she served as the Chief Justice of the Peshawar High Court, making significant contributions to the judicial system.

In January 2022, Justice Ayesha Malik became the first female judge to secure a position in the Supreme Court, setting a precedent for gender inclusivity. Justice Musarrat Hilali’s appointment as a Supreme Court judge adds another remarkable chapter to her impressive career. Since 2013, she has remained the sole female member on the bench, showcasing her dedication and perseverance.

Also Read:
Justice Ayesha Malik Takes Oath as First Female Supreme Court Judge of Pakistan

In addition to her judicial achievements, Justice Hilali holds the distinction of being elected as the first woman executive member of the Supreme Court Bar Association (SCBA) from 2007 to 2009. This recognition underscores her exceptional legal acumen and her active involvement in the legal fraternity.

The appointment of Justice Musarrat Hilali to the Supreme Court is a significant milestone in the journey towards gender equality and representation within Pakistan’s judiciary. Her expertise, experience, and commitment to upholding justice will undoubtedly contribute to the court’s pursuit of a fair and equitable legal system.

The inclusion of more women in prominent judicial positions not only promotes diversity but also sets an inspiring example for aspiring female lawyers across the nation. It signals a progressive shift in the legal landscape and encourages the empowerment of women in the field of law.

The Supreme Court of Pakistan, with its expanded panel of judges, is now better equipped to address a wider range of legal matters and ensure justice for all. Justice Musarrat Hilali’s induction into the Supreme Court serves as a testament to her exceptional capabilities, and her appointment will undoubtedly enhance the court’s ability to deliver impartial and effective judgments.

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Justice Ayesha Malik & Sherry Rehman Make it to Forbes 50 Over 50

by Ayesal A
written by Ayesal A

Once again the women of the nation have made us super proud. Justice Ayesha Malik and Climate Change Minister Senator Sherry Rehman have been featured in Forbes Asia’s 50 Over 50.

Forbes, a renowned publication and platform has compiled 50 profiles from all over Asia-Pacific of women over the age of 50 who have done ground-breaking work in their region.

According to the outlet, these women are proving that success can happen at any age in the fields of technology, medicine, art, politics, and more.

Forbes partnered with Mika Brzezinski and Know Your Value to produce this list.

While writing about Justice Malik, Forbes stated that she became the first woman to serve as a justice of Pakistan’s Supreme Court, in the country’s 75-year history.

Malik previously served for a decade as a judge on the Lahore High Court, ruling on the enforcement of international arbitration in Pakistan and sat on the Green Bench, advocating environmental justice”.

“In 2021, Malik issued a seminal judgement outlawing the use of virginity tests in rape cases. She also served on the board of the Punjab Judicial Academy and as chair of the Judicial Officers Female Supervisory Committee,” it highlighted.
Previously in December 2022, Justice Ayesha was also named one of the 100 most influential and inspiring women of 2022 by the BBC.

The BBC highlighted that Justice Ayesha has authored judgements protecting the rights of women, including her “landmark judgement which banned the so-called two-finger test of rape victims” which was performed during the examination of sexual assault cases.

Pakistan’s First Female SC Judge Ayesha Malik Featured in BBC’s 100 Most Influential Women’s List

On the other hand, highlighting Rehman’s achievements Forbes stated, “At the 2022 UN Climate Change Conference (COP27), Rehman made global news, suggesting a new deal to channel money from rich countries to poor ones that have suffered climate-related disasters”.

“She was the first female to hold office as Leader of Opposition in the Senate in 2018,” added the magazine.

We are ecstatic to see our women being recognized on global platforms for their hard work. This shows that age is literally just a number and that appreciation will be given and you will be recognized for the good work you put in for your country.

Sherry Rehman Among ‘FT’s 25 Most Influential Women of 2022’

Kudos to Justice Ayesha Malik and Senator Rehman for their recognition and hard work.

What are your thoughts on this marvellous news? Share them with us in the comments below.
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Pakistan’s First Female SC Judge Ayesha Malik Featured in BBC’s 100 Most Influential Women’s List

by Ayesal A
written by Ayesal A

Pakistan’s first female Supreme Court Judge, Justice Ayesha Malik has once again made us proud. She has been featured as one of BBC’s ‘100 Most Influential Women’.

In her profile, BBC highlights that Justice Malik has authored judgements protecting the rights of women, including her “landmark judgement which banned the so-called two-finger test of rape victims” which was performed during the examination of sexual assault cases.

It further reads, “Alongside her role on the Supreme Court, Malik also conducts training for judges around the world and has inaugurated conferences for women judges in Pakistan, encouraging the debate around including the gender perspective in the justice system”.

Justice Ayesha Malik made headlines when she was sworn in January 2022. while talking to the media, former chief justice of Pakistan Gulzar Ahmed stated that “She deserved to be a judge of the Supreme Court,” and that he would not take credit for Justice Ayesha’s elevation as the apex court judge.

Justice Ayesha Malik Takes Oath as First Female Supreme Court Judge of Pakistan

BBC’s 100 Women 2022 list features women who have made an enormous impact worldwide, including names like global music phenomenon Billie Eilish, actress and producer Priyanka Chopra Jonas, actress and disability activist Selma Blair and West Side Story Hollywood icon Rita Moreno amongst many more.

It’s wonderful to see this year’s list of 100 Women and to be celebrating its tenth season. The women on this year’s list are all remarkable in what they have achieved and contributed to their communities and society, and I am proud that the BBC continues to do vital work by shining a spotlight on them and sharing their stories around the world through our first-class journalism and storytelling. -BBC Director-General Tim Davie

For the first time this year, the BBC had asked some of the previous 100 Women to nominate women they feel deserve a place on the 2022 list. Pakistan’s own Malala Yousafzai nominated Alice Pataxó, a climate campaigner, journalist and influencer from Brazil.

In the tenth year of 100 Women, it is brilliant to see how the annual season has gone from strength to strength. I remember our launch and the very first intake of 100 Women – little did we know how much the project would grow. I’m delighted to see the women featured on this year’s list. They, like all the women before them, have contributed to our world in incredible ways, and we celebrate this. This is about increasing visibility and giving recognition where it’s due. -Senior Controller of BBC News International Services and Director of BBC World Service Liliane Landor

We’d like to give our hearty congratulations to Justice Ayesha Malik and wish her all the best in future endeavours.

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Sherry Rehman Among ‘FT’s 25 Most Influential Women of 2022’

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Mothers Can Get Custody of Children Even After Second Marriage: Supreme Court

by Ayesal A
written by Ayesal A

The Supreme Court of Pakistan announced a historic verdict. The second marriage of the mother cannot become a stand-alone reason to disqualify her right to custody.

Justice Ayesha Malik, during a case involving a mother with three children, said that the custody of children is concerned with the welfare of the minor and that time and time again that is the court’s paramount consideration when giving judgement.

During the courtroom, she said:

“The court’s jurisdiction in custody cases is in the form of parental jurisdiction which means that the court must consider all factors from the parent’s ability to provide for the child including physical and emotional needs, and medical care but also relevant is the parent’s ability to provide a safe and secure home where the quality of the relationship between the child and each parent is comforting for the child,” the ruling observed.

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Moreover, the court also added that there is no particular mathematical formula to calculate the minor’s welfare because there are many factors involved in the process including household environment, care, comfort, attention, etc.

“Accordingly, the concept of welfare of the child is an all-encompassing concept which will cover not only the manner in which the child has to be cared for but will also include the physical, mental and emotional well-being of the child.”

“The UNCRC recognizes that the child should grow up in an environment of love, happiness and understanding. Article 3 provides that in all actions concerning children whether by courts of law or public, or private welfare institutions amongst others, the best interest of the child shall be a primary consideration.”

Similarly, Article 7 states that a child has the right to be cared for by their parents and Article 9 requires that in the event of a separation the child should be in contact with both parents (unless there is a cause for harm).  Article 12 states that if a child is capable to express their view, then it should be given weight. Similarly, Section 17 requires that the minor’s guardian will be based on the age, sex and religion of the minor and the character and capacity of the guardian.

“These provisions and the principles of Mohammedan Law have been examined by this Court in several judgments where it has held that the conditions contained in Paras 352 and 354 of Mullah’s Mohammadan Law are not absolute and are subject to the welfare of the child.”

In the said case, the children had expressed their wish to stay with the mother, she is an educated woman running a private school. She lives in her own house and is able to care for the children.

Do you agree with this? Share your thoughts with us in the comments below.

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Is Society Judgemental if You Marry a Divorcee or Someone Less educated than You – Find Out How Pakistani Drama Serial Hum Tum Tackles This

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Justice Ayesha Malik Takes Oath as First Female Supreme Court Judge of Pakistan

by Sahrish Shakeel
written by Sahrish Shakeel
For the first time in the history of Pakistan, a woman, Justice Ayesha Malik has taken an oath as a supreme court judge.

Her nomination was intensely opposed by lawyers who had threatened the state to go on a strike. However, on the other side, it was hailed by lawyers, activists, journalists as a stepping stone to improve representation for women in the country.

Justice Ayesha Malik’s nomination was endorsed by Chief Justice of Pakistan (CJP) Gulzar Ahmed, Justice Umar Ata Bandial, retired judge Sarmad Jalal Osmani, Attorney General of Pakistan Khalid Jawed Khan, and Law Minister Dr. Farogh Naseem.

She has now become the Supreme Court judge for the next 10 years (till 2031) and will become Chief Justice of Pakistan (CJP) after the retirement of Justice Yahya Afridi in January 2030.

On this auspicious occasion, many congratulated Justice Ayesha on becoming the first female supreme court judge:

Chaudhry Fawad Hussain said in a tweet, “A powerful picture symbolizes the women empowerment in Pakistan”. He added, “I hope she will be an asset to our judicial hierarchy.”

Aliya Hamza Malik tweeted, “Hoping her presence in the highest judiciary would make a positive difference in our justice system and open doors for many more women in SC”.

Muniba Mazari also tweeted regarding the landmark elevation of Justice Ayesha Malik. She wrote in a tweet, ” What a historic day. Here’s to the strong women. May we know them. May we raise them. May we be them!”.

Journalist Saqib Ul Islam wrote, “History is not was, it is.”

In March of 2012, she became the judge of the court. Justice Ayesha Malik has been working pro bono to counsel for NGOs that work for microfinance, poverty alleviation, and skills training programs in Pakistan. She also served as a reporter for Pakistan for the Oxford Reports, a publication of the Oxford University Press. on the International Law in the Domestic Courts.

Justice Ayesha completed her school in Paris and New York and moved to Karachi to do her senior Cambridge from Karachi Grammar School. In London, she completed her A-Levels from Francis Holland School for Girls. Moving on, in Lahore, she studied at Pakistan College of Law. She then did her LLB from Harvard Law School Cambridge, Massachusetts, USA.

Justice Ayesha Malik to Become the First Female Supreme Court Judge in the Judicial History of Pakistan. Read the full story here:

Today, the nomination of Justice Ayesha Malik for her appointment as Supreme Court judge has been approved by the Judicial Commission of Pakistan (JCP) with a vote of five to four. This essentially means that she will become the first female Supreme Court judge in the judicial history of Pakistan. Seniority was presented as a reason not to elevate Justice Ayesha by the opposing legal community. She is number four on the Lahore High Court (LHC) judge seniority list.

Justice Ayesha Malik to Become the First Female Supreme Court Judge in the Judicial History of Pakistan

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