Supreme Court
A constitutional bench of the Supreme Court, assigned to hear the petition challenging the appointment of Lahore High Court (LHC) Chief Justice Alia Neelum, has been dissolved.
The bench faced a major setback as Justices Aminuddin Khan and Jamal Mandokhel recused themselves due to their roles in the Judicial Commission of Pakistan (JCP), which was directly involved in approving her appointment.
Justice Aminuddin Khan explained his inability to participate, citing his membership in the JCP during the appointment process.
Similarly, Justice Jamal Mandokhel highlighted that their involvement in the Judicial Commission’s deliberations on Justice Alia Neelum’s nomination made it inappropriate for them to hear the case. Consequently, the bench ordered the transfer of the case to another constitutional bench for further proceedings.
The petition, filed by Pakistan Bar Council member Shafqat Mahmood Chohan on August 1, 2024, challenges the legitimacy of Justice Neelum’s appointment, asserting that it violated the constitutional principle of seniority.
Mr. Chohan argues that the decision disregarded the seniority rule established by the landmark Al-Jihad Trust case, which calls for adherence to seniority in judicial appointments.
He contends that appointing a junior judge to the prestigious role of Chief Justice undermines established legal norms and has called for the appointment to be declared unconstitutional.
During the proceedings, the Additional Attorney General countered these claims, arguing that seniority is not a fundamental right and highlighting previous instances where chief justices were appointed without strict adherence to seniority. This added a layer of complexity to the case.
Justice Jamal Mandokhel acknowledged the sensitive nature of the matter, emphasizing that both he and Justice Aminuddin Khan had participated in the Judicial Commission’s decision-making process regarding Justice Neelum’s nomination, which precluded their ability to fairly adjudicate the petition.
Justice Alia Neelum, who assumed office as Chief Justice of the Lahore High Court on July 11, 2024, is the first woman to hold this position in Pakistan’s history.
Her appointment, approved by the Judicial Commission of Pakistan under the chairmanship of Chief Justice Qazi Faez Isa, was formally sanctioned by the President of Pakistan, and a notification was issued by the Ministry of Law. Punjab Governor Sardar Saleem Haider administered her oath of office.
This historic appointment is viewed as a significant milestone in the country’s judicial history, though it continues to spark legal and constitutional debates.
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