Justice Ayesha Malik is the first woman Judge of the Supreme Court of Pakistan.

In the history of the Supreme Court of Pakistan, Justice Ayesha Malik was appointed the first Judge.  she is fourth in the seniority list of the Lahore High Court. she was approved by a majority of 5 to 4 during a JCP session on 04 January 2022. She is famous for declaring the two-finger ‘virginity’ test as “illegal and against the Constitution

  • Justice Ayesha Malik’s name will be adopted by the Parliamentary Commission  
  • Pakistan is welcoming Judge Ayesha Malik, the first female judge in the Supreme Court of Lahore. 

  • The Pakistani Justice Commission (JCP), chaired by Supreme Court Justice Gulzar Ahmed, confirmed Thursday that the majority of Judges Ayesha Malik was five to four, Dawn reported. 
  •  Judge Malik, if appointed, will appear in the Supreme Court of Pakistan until June 2031. 
  • The Pakistani Bar Council threatened to boycott the court if the JPC published the name of Judge Malik. 

How may Judge vote in favour of Justice Ayesha Malik

There are the following 05 members of the Supreme Judicial Council who voted in favor of the first female Judge of SCP.

  1. Chief Justice of Pakistan (JCP) Gulzar Ahmed,
  2. senior puisne judge Justice Umar Ata Bandial,
  3. former judge Sarmad Jalal Osmany,
  4. Law Minister Barrister Farogh Naseem,
  5. Attorney General (AG) Khalid Jawed Khan.

How many Judge who voted against the appointment of first female Judge of SCP.

There are the following 04 members of the Supreme Judicial Council who voted against of the first female Judge of SCP.

  1. Justice Qazi Faez Isa,
  2. Justice Maqbool Baqar,
  3. Justice Sardar Tariq Masood
  4. Akhtar Hussain, Pakistan Bar Council (PBC) representative

When Was the first time Ayesha Malik Named to appointed the Judge of the Supreme Court

It is the second time the JCP has held a meeting to decide on the appointment of Judge Ayesha Malik. Her name was first discussed on September 9, 2021, the JCP session ended without a decision on the appointment of Judge Ayesha Malik to the Supreme Court and was later rejected due to a 4 to 4 tie. At that time Judge Malik is a judge of the Lahore High Court. Her name was re-proposed by the Pakistan Supreme Court last month to be nominated by the Pakistan Supreme Court. The lawyers protested her appointment to the Supreme Court, arguing that doing so violated the senior principle requiring only the Supreme Court’s Supreme Court to be promoted to the in response to a call from the Pakistan Bar Association (PBC), lawyers monitored a strike in the Supreme Court on Thursday when the JCP was convened to make a nomination decision. Judge Qazi Faiz Isa was reportedly one of four members of the JCP who opposed Judge Ayesha Malik’s appeal to the Supreme Court on Thursday. 

Judgement Regarding two fingers and hymen examination of Rape victim

Judge Ayesha A Malik wrote a groundbreaking ruling banning two-finger and hymen tests on rape victims in Punjab. The 2020 guidelines, SOPs, and 2015 instructions that require two-finger testing or hymen testing to determine a victim’s virginity have been declared illegal and unconstitutional. The two-finger and hymen test to determine the rape victim’s virginity is unscientific and has no forensic value. She stated that these tests were a blatant violation of female dignity. “Conclusions about a woman’s sexual history and personality drawn from these tests are a direct attack on her dignity and negatively impact the victim’s social and cultural status,” she adds.  Depending on whether the accused raped the survivor, cases should be investigated. 

 Facts about Senior justices of the Supreme Court of Pakistan from 1947 to 2022                      

 

  • Sir Abdul Rashid  at Lahore HC     from 27 Jun 1949–29 Jun 1954   appointed by Jinnah

  • Abdul Rehman  at Sindh HC from 7 Feb 1950–4 Oct 1953  appointed by Nazim Uddin

A.S.M. Akram  at Dhaka HC  from 15 Feb 1950–27 Feb 1956 appointed by Nazim Uddin                      

Muhammad Sharif at Lahore HC from 17 May 1950 – 23 May 1950

13 Apr 1954–1 Apr 1958 appointed by Nazim Uddin as Acting Judge                             

Muhammad Munir at Lahore HC from 1 Oct 1951–2 May 1960 appointed by Nazim Uddin Appointed 2nd Chief Justice of Pakistan              

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