Ac onstitutional bench of the Supreme Court hearing the petition challenging the appointment of Chief Justice of the Lahore High Court Justice Alia Neelum has been dissolved.
Justices Aminuddin Khan and Jamal Mandokhel recused themselves from the case, citing their roles as members of the Judicial Commission, which was involved in her appointment.
Justice Aminuddin Khan stated that, as a member of the Judicial Commission for the appointment of the Lahore High Court Chief Justice, he could not hear the case.
Similarly, Justice Jamal Mandokhel emphasised that both judges, being part of the Commission, could not fairly hear the matter. The bench subsequently 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 Justice Alia Neelum’s appointment, arguing that it violated the constitutional principle of seniority.
Mr Chohan’s petition contends that the seniority principle, as established in the Al-Jihad Trust case, has been disregarded in this appointment, and the court should declare it unconstitutional.
He further argues that the appointment of a junior judge to the prestigious position of Chief Justice goes against established norms, and calls for the court to nullify the appointment.
During the hearing, the Additional Attorney General asserted that seniority was not a fundamental right and cited past instances where the Chief Justice’s appointment had not adhered strictly to seniority.
Justice Jamal Mandokhel, acknowledging the complexity of the case, noted that both he and Justice Aminuddin Khan had participated in the Judicial Commission’s approval of Justice Alia Neelum’s nomination and therefore should not be involved in the hearing of the case.
First woman chief justice
Justice Alia Neelum took the oath of office as Chief Justice of the Lahore High Court on July 11, 2024, administered by Punjab Governor Sardar Saleem Haider.
Her appointment was formally approved by the Judicial Commission of Pakistan, chaired by Chief Justice of the Supreme Court, Qazi Faez Isa.
Following the approval, the President of Pakistan sanctioned her appointment, and the Ministry of Law issued the official notification.
Justice Neelum made history by becoming the first woman in Pakistan to hold the position of Chief Justice of a High Court, marking a significant milestone in the country’s judicial history.
