The Judicial Commission of Pakistan (JCP) on Wednesday approved the elevation of Peshawar High Court (PHC) Chief Justice Musarrat Hilali to the Supreme Court (SC), according to Law Minister Azam Nazeer Tarar.
The law minister confirmed the development after attending a meeting of the JCP — the constitutional body that recommends elevation of judges to the superior courts.
The development paves the way for Justice Hilali to become only the second female judge to rise to the apex court after Justice Ayesha A. Malik.
Currently, the SC is functioning with 15 judges against the sanctioned strength of 17. Justice Hilali’s elevation will increase the number of SC judges to 16 with one seat left vacant.
She was among the two judges recommended by Justice Qazi Faez Isa— the senior puisne judge of the SC — for elevation to the top court in a letter to all JCP members last month.
In his letter, Justice Isa had asked for an immediate meeting of the JCP, which was long overdue, and suggested the names of chief justices of Sindh and Peshawar high courts to fill two vacancies of SC judges.
Who is Justice Musarrat Hilali?
Justice Hilali was sworn in as the first woman chief justice of the PHC on April 1after Justice Qaiser Rashid Khan retired from the post.
Following this development, she also became the second female to become the chief justice of a high court in Pakistan after Justice Tahira Safdar, the chief justice of the Balochistan High Court from September 2018 to October 2019.
Justice Hilali was born in Peshawar on Aug 8, 1961.
She received her law degree from Khyber Law College, University of Peshawar, and was enrolled as an advocate of district courts in 1983. She was enrolled as an advocate of the high court in 1988 and that of the Supreme Court in 2006.
Justice Hilali has earned several distinctions in her career — first as a civil society activist and member of the bar and then her elevation to the bench. Known as an outspoken human rights activist, she remained office-bearer of the Human Rights Commission of Pakistan and also headed its KP chapter on different occasions.
Justice Hilali was an active member of the Peshawar High Court Bar Association and served as its first female secretary, vice president and general secretary. She was also twice elected as an executive member of the Supreme Court Bar Association for 2007-8 and 2008-9.
She served as the first woman additional advocate general from November 2001 to March 2004 and as chairperson of the KP Environmental Protection Tribunal as well.
Justice Hilali was also the first provincial ombudsperson appointed in 2010 under the Protection against Harassment of Women at Workplace Act 2010. She was elevated to the bench as an additional judge on March 26, 2013, and was confirmed as a judge of the high court on March 13, 2014.
Additionally, Justice Hilali remained a focal member of the 2007 Lawyers’ Movement — started after a reference was filed against then-CJP Iftikhar Mohammad Chaudhry — during which she courageously stood alongside the rest of the male-majority legal fraternity.
During that movement, one of her legs got fractured when police raided her residence for arresting her.
