The National Judicial Commission’s recommendations for appointment of seven additional judges to the Peshawar High Court are of great importance. These recommendations would now be referred to the parliamentary committee for appointment of judges following which the notification would be made by the federal government on behalf of the President of Pakistan.

Legal experts believe that these appointments should be made at the earliest as presently only 11 judges – four confirmed and seven additional – have been functioning at the high court against the sanctioned strength of 20. With nine vacancies it has become difficult to cope with the growing number of cases at the principal seat of the court in Peshawar as well as at the circuit benches in Dera Ismail Khan, Abbottabad, Swat (Darul Qaza) and Bannu.

The Judicial Commission, in its meeting chaired by Supreme Court Chief Justice Iftikhar Mohammad Chaudhry, has recommended seven names, including that of the federal ombudsmen for protection against harassment at workplace Ms Musarrat Hilali. Six of the recommended persons are from the bar whereas only one, Syed Afsar Shah, is from the judicial service.

If appointed, Ms Hilali would be the first female judge elevated from the bar. So far two women judges – Justice Khalida Rachied and Justice Irshad Qaiser – have been elevated to the bench. Both were from the judicial service.

Justice Rachied had served against different judicial posts and was elevated to the high court in June 1994. Later, she was appointed as a judge of the UN International Tribunal for Rawanda in July 2003. She is still serving there.

Justice Irshad Qaiser had also served against different posts, including judge of the accountability court, and district and sessions judge at different stations. She was elevated as additional judge of the high court for a year in 2012.

Ms Hilali is a law graduate from the University of Peshawar and was enrolled as an advocate of the high court in 1988. Being an active member of the Peshawar High Court Bar Association (PHCBA) and the Supreme Court Bar Association (SCBA) she never hesitated to contest elections of these forums. She twice served as the vice-president of PHCBA from 1992 till 1994, as secretary general in 1997-98 and as its secretary in 1988. She also twice served as elected member of the SCBA’s executive council.

Apart from becoming the first female office-bearer on these posts of PHCBA, Ms Hilali also served as the first woman additional advocate general of Khyber Pakhtunkhwa from Nov 2001 till March 2004. She also served on several posts in the Human Rights Commission of Pakistan, including vice-chairperson, on different occasions. Apart from this she also worked as an active member of Women Action Forum.

Ms Hilali was a familiar face of the lawyers’ movement launched for the restoration of deposed judges. During the movement the local police had raided her residence as several leaders of the movement were rounded up in March 2009 and during that raid one of her legs got fractured and she had to remain on bed for several weeks.

One of the most important tasks assigned to her was her appointment as the first female chairperson of Khyber Pakhtunkhwa Environmental Protection Tribunal in July 2009 for two years. She activated the otherwise dormant tribunal and assumed jurisdiction in several important issues plaguing the environment.

Among other recommended persons Lal Jan Khan, hailing from Karak district, is presently serving as additional advocate general of Khyber Pakhtunkhwa. Another nominee, Abdul Lateef Khan, is an elected member of the Khyber Pakhtunkhwa Bar Council and also a member of the Judicial Commission. Belonging to Mansehra district, he is considered well versed in civil law.

Another recommended person, Malik Manzoor, is a senior advocate and a former vice-president of Supreme Court Bar Association. He is considered an expert both in criminal and civil law. Similarly, Daud Khan belongs to Dera Ismail Khan and has also served as president of PHC Bar Association, DI Khan bench.

Another lawyer, Ikramullah Khan, is a former additional advocate general. He hails from the Swat district. Furthermore, Syed Afsar Shah is a senior judicial officer who has served as district and sessions judge in different districts. He has also remained a judge of the accountability court and presently serving as special judge (control of narcotic substance).

The PHCBA’s secretary general Qazi Jawad Ahsanullah stated that it was their long-standing demand to fill the vacancies at the high court. He hoped that with the appointment of new judges the high court would manage to overcome the problem of delayed justice because of increasing workload.