The relationship between the Punjab judiciary, the government has been exemplary during the tenure of CJ Aalia Neelum
Misbah said that economies with a more effective judiciary have more developed credit markets and a generally higher level of development. PHOTO: FILE
ISLAMABAD:
Following the suspension of the Punjab Protection of Ownership of Immovable Property Act 2025 by the Lahore High Court (LHC), and the subsequent reaction of Chief Minister Maryam Nawaz, speculation has begun as to whether the winds of change are beginning to blow through Punjab’s judiciary.
Some experts believe that the Punjab judiciary has so far been “very accommodating” to the Punjab government during the tenure of incumbent Chief Justice Aalia Nelum.
The Punjab government and powerful circles were visibly upset with former LHC Chief Justice Malik Shahzad Ahmad Khan over his handling of anti-terror court (ATC) appointments, election court nominations and case allocations.
Even representatives from the bar expressed displeasure with Shahzad’s decision.
After assuming his role, CJ Khan had quickly flagged cases with political implications and assigned them to particular judges of the high court. These measures often resulted in unfavorable results for the executive branch.
Notably, the PTI also received relief in several cases, especially those relating to election disputes.
Further, CJ Khan nominated five additional LHC judges to preside over election tribunals. Tensions also continued between the Chief Justice of the LHC and the executive authorities regarding the appointment of five judges as ATCs in Punjab.
Meanwhile, the executive, with the support of the then Chief Justice of Pakistan Qazi Faez Isa, succeeded in elevating Khan to the Supreme Court in June last year.
Later, the Judicial Commission of Pakistan (JCP) proposed the appointment of Justice Aalia Nelum as the Chief Justice of the LHC. Justice Aalia was the third in seniority among Supreme Court judges at that time.
PTI lawmakers disagreed with her appointment on the grounds that they ignored the principle of seniority during a meeting of the Parliamentary Committee on Judicial Appointments.
Unlike her predecessor’s tenure, relations between the provincial government and the Punjab judiciary have remained very cordial.
First, issues related to the appointment of election tribunals were resolved in accordance with the wishes of the Election Commission of Pakistan (ECP) and the executive authorities. The PML-N had been visibly upset over the nomination of judges to election courts by the then CJ Malik Shahzad Ahmad Khan.
Secondly, Justice Aalia Nelum also transferred the ATC judges who were not in the good books of the management but had been appointed by her predecessor.
Subsequently, scores of PTI leaders and workers were convicted by ATCs in 9 May cases. Their appeals against convictions are still pending. Even their sentences were not suspended and the majority of them remain behind bars.
Once when judicial members of the JCP proposed to elevate Justice Aalia Nelum to the Supreme Court during a meeting, members associated with the government vetoed the proposal because the executive authorities were privy to her presence in the LHC.
Even the Punjab Assembly did not pass a resolution for the establishment of constitutional benches in the LHC. The executive authorities have so far expressed satisfaction with the distribution of important cases for certain trials.
It is a fact that PTI has so far failed to secure any kind of material relief during the tenure of Justice Aalia Nelum.
On the other hand, despite hue and cry over the activities of the Crime Control Department (CCD) in the province, the LHC has not passed any adverse order on the issue. Similarly, unlike in the past, the provincial authorities did not face a tough time in matters related to maladministration and poor governance.
But a controversy has now started following the LHC Chief Justice’s order on Monday to suspend the Punjab Protection of Ownership of Immovable Property Act 2025.
Subsequently, CM Punjab Maryam Nawaz reacted to the LHC order by stating that the court’s decision was not in accordance with the principles laid down by the higher judiciary.
Meanwhile, a social media campaign has also been launched against LHC CJ Aalia Nelum. However, the legal community fully supports Judge Nelum. Even the independent group known as pro-government is also defending the LHC Chief Justice’s interim order.
It should be noted that the JCP is likely to meet in the second week of January to consider the confirmation of additional judges in the LHC.
Confirmation of these additional judges is very crucial for active members of the independent group. Likewise, the relationship between the independent group and the Punjab judiciary is also very cordial.
Even representatives of the superior bar belonging to the Independent Group have appreciated the performance of CJ Nelum on various occasions.
Some experts said that powerful circles are fully aware of the importance of Punjab’s judiciary in relation to PTI. They said their role is still crucial in this case. “There is a need to know where powerful circles stand in the prevailing situation,” said a lawyer.
If all the executive authorities and the independent group are on the same side, then they have various options to manage the situation by elevating the LHC Chief Justice to the SC or by establishing constitutional benches in the LHC.
It is expected that some executive functionaries, especially Law Minister Azam Nazeer Tarar, will play a role in ending the tension between the provincial government and the Punjab judiciary.
