A constitutional bench of the Supreme Court, tasked with hearing a petition challenging the appointment of Lahore High Court (LHC) Chief Justice Alia Neelum, has been dissolved.
Justices Aminuddin Khan and Jamal Mandokhel recused themselves from the case, citing their involvement in the Judicial Commission, which had recommended Justice Neelum’s appointment. Justice Aminuddin stated that, as a Commission member, he could not preside over the matter, while Justice Mandokhel highlighted the need for impartiality given their roles in approving her nomination.
The case has now been transferred to another Constitutional Bench for further proceedings. The petition, filed by Pakistan Bar Council member Shafqat Mahmood Chohan on August 1, 2024, challenges Justice Neelum’s appointment, alleging it violated the constitutional principle of seniority. The petitioner argued that appointing a junior judge as Chief Justice contravenes the seniority principle established in the Al-Jihad Trust case and called for the appointment to be declared unconstitutional.
During the hearing, the Additional Attorney General countered by stating that seniority is not a fundamental right and referenced previous instances where Chief Justice appointments did not strictly follow seniority.
Justice Jamal Mandokhel acknowledged the case’s complexity, noting that he and Justice Aminuddin Khan had been part of the Judicial Commission’s decision to nominate Justice Neelum, making their participation in the hearing inappropriate.
Justice Alia Neelum: A Historic Appointment
Justice Alia Neelum assumed office as Chief Justice of the Lahore High Court on July 11, 2024, with the oath administered by Punjab Governor Sardar Saleem Haider. Her appointment, approved by the Judicial Commission of Pakistan and later sanctioned by the President of Pakistan, marked a historic milestone as she became the first woman to serve as Chief Justice of a High Court in Pakistan.
