Peshawar High Court has witnessed its first ever female Chief Justice as Justice Mussarat Hilali. Honourable Justice Mussarat Hilali was in line as a senior most Judge of Peshawar High Court after the retirement of Justice Qaiser Rasheed on 30th march, 2023 and Justice Rooh-ul-amin on 31st march,2023.
Justice Mussarat Hilali has taken the oath from the governor of Khyber Pakhtunkhwa as an acting Chief Justice of Peshawar High Court on the first day of April,2023. The Judicial Commission of Pakistan should have notified the regular appointment of Honourable Justice Mussarat Hilali a month prior to the appointment as she is currently the most competent and senior Judge of Peshawar High Court.
Justice Mussarat Hilali is the 2nd woman Chief Justice in the history of Pakistan. First being Justice Retired Tahira Safdar of Balochistan. It is a defining moment for the country and its male-dominated judiciary.
Khyber Pakhtunkhwa is among the leading provinces in terms of representation of women. Its subordinate judiciary also has highest percentage of female judges as per the report of the Federal Ministry of Law collaborative project of 2020-21.
Your Lordship has the reputation of discipline and relief giving judge in the court. She is very particular about the basic legal ethics among the lawyer’s community and is very keen about the decorum of the court such as addressing the Judges properly during the case to the uniform of the litigants. She has a special focus on women empowerment and encourages women litigants by giving them the opportunity to be heard in the court room. The brave efforts of her powerful reputation of empowering women lawyers is of taking the initiative of making a female bar room in the Peshawar High court and a day-care center adjacent to it.
Justice Mussarat Hilali was a student of Khyber Law College, Peshawar. She started her legal career as an advocate of the district courts in 1983 and enrolled as an advocate of the Supreme Court in 2006.
Her kind Justice was elected as the first ever female secretary and Vice President of Peshawar High court Bar Association. She was the First ever female Federal Ombudsperson for Protection against Harassment of Women at Workplace in the history of Pakistan.
She was also the first female additional advocate general of Khyber Pakhtunkhwa and was also appointed as Chairperson of Khyber Pakhtunkhwa Environmental Protection Tribunal. She got elevated to the Bench as Additional Judge on March 26, 2013 and as Permanent Judge of the Peshawar High Court on March 13, 2014.
Your Lordship has delivered several landmark Judgements on constitutional as well as human rights matters which includes military courts conviction cases as well as victims of the black law Frontier Crimes Regulation and the draconian law Action in Aid of Civil Powers Regulation, 2011. She was also the author of the recent judgment which declares Section 10(2) of the Pakistan Citizenship Act, 1951, unconstitutional and discriminatory, under which the wife of a Pakistani national is entitled to the Pakistani citizenship, but the same is denied to the foreign husband of a Pakistani woman.
According to Mehwish Mohib Kakakhel, Senior Advocate of Peshawar High Court;
It will be a welcome appointment and a proud moment for the province of Khyber Pakhtunkhwa. Justice Musarrat Hilali has a long history of struggle both for the bar and the bench, not only that the balanced personality of Justice Musarrat Hilali will be useful for Judiciary and the bar but will also be a source of inspiration for women in the field of law. The appointment will also amount to, to some extent symbolically suggest an improvement towards gender equality and gender inclusivity.”
Advocate Shabbir Gigyani says that “Justice Hilali has developed a reputation for integrity and discipline in the court, where she has delivered several landmark verdicts on major constitutional issues as well as human rights matters including military courts conviction cases as well as victims of the black law Frontier Crimes Regulation and the draconian law Action in Aid of Civil Powers Regulation, 2011,”
Eraj Sheraz Bhatti, Advocate High Court said that “she is a relief giving Judge and always encourages young women lawyers”.
The elevation of a strong woman like Justice Mussarat Hilali to Chief Justice of PHC is deemed to curb the violence against women and a speedy justice would be served to women survivors. Thus, exercising the fundamental right to equality of citizens in accordance with the constitution of Islamic Republic of Pakistan.
Even though she will be the Chief Justice of PHC for few months, but it will have a far-reaching effect for the women of KP. Her appointment will present a soft image of Pashtuns in the world. On the other hand, it will also encourage women lawyers and law students because a very high glass ceiling would be shattered by her appointment.
Writer is Advocate High Court, Peshawar, Partner Kakakhel Law Associates, Human Rights Activist and is Founder Article 30.