Justice Qazi Faez Isa has recommended the names of Sindh High Court (SHC) Chief Justice Ahmed Ali M Shaikh and Peshawar High Court (PHC) Acting Chief Justice Musarrat Hilali for elevation to the Supreme Court, a private TV channel reported on Monday.
He made the recommendations in a letter sent to all members of the Judicial Commission of Pakistan (JCP) – a constitutional body that decides appointments to the SC, high courts, and the Federal Shariat Court. The JCP is headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, the next senior-most four judges, a former chief justice or SC judge, the law minister, the attorney general, and a senior SC advocate nominated by the Pakistan Bar Council. In his letter, Justice Isa urged that a meeting of the JCP be called soon to decide the appointments. The Supreme Court comprises 17 judges, of which two positions are currently empty.
The JCP meeting should consider the names of the two judges on the seniority principle, he urged. The JCP had recommended Justice Shaikh’s appointment as an ad hoc judge of the Supreme Court in 2021. However, Sheikh had declined the appointment, and in a letter written to the then-chief justice Gulzar Ahmed and President Dr Arif Alvi, had said he did not accord his consent to the appointment. Sheikh had taken oath as the SHC chief justice on March 15, 2017. Meanwhile, Justice Hilali took oath as the PHC acting chief justice on April 1, 2023 – becoming only the second woman to be appointed as a high court chief justice and the PHC’s first. The JCP has already recommended her name for regular appointment as the PHC chief justice and a meeting of a parliamentary committee in this regard is scheduled to be held on May 4.
