Relations between the Punjab judiciary and the government have been exemplary during the tenure of Chief Justice Aalia Neelum
Misbah said economies with a more effective justice system have more developed credit markets and an overall higher level of development. PHOTO: FILE
ISLAMABAD:
After the suspension of the Punjab Protection of Immovable Property Act, 2025 by the Lahore High Court (LHC) and the subsequent reaction of Chief Minister Maryam Nawaz, speculation began whether winds of change were beginning to blow through the Punjab judiciary.
Some experts believe that the Punjab judiciary has been “very accommodating” to the Punjab government so far during the tenure of outgoing Chief Justice Aalia Nelum.
The Punjab government and powerful circles were visibly unhappy with former LHC Chief Justice Malik Shahzad Ahmad Khan over his handling of Anti-Terrorism Tribunal (ATC) appointments, election tribunal appointments and allocation of cases.
Even bar representatives expressed their displeasure with Shahzad’s decision.
On assuming office, CJ Khan then quickly marked cases with political implications, assigning them to particular judges within the High Court. These measures have often led to results unfavorable to the executive branch.
Notably, the PTI also received relief in several cases, including those related to electoral disputes.
Besides, CJ Khan appointed five additional LHC judges to preside over the election tribunals. Tensions also persisted between the LHC chief justice and the executive authorities over the appointment of five judges to the Punjab ATCs.
Meanwhile, the executive, with the support of the then Chief Justice of Pakistan, Qazi Faez Isa, managed to elevate Khan to the Supreme Court in June last year.
Later, the Judicial Commission of Pakistan (JCP) suggested the appointment of Justice Aalia Nelum as the Chief Justice of the LHC. Justice Aalia was then third in terms of seniority among the High Court judges.
PTI lawmakers disapproved of his appointment on the grounds that they had ignored the principle of seniority during a meeting of the parliamentary committee on the appointment of judges.
Unlike the tenure of his predecessor, relations between the provincial government and the Punjab judiciary have remained very cordial.
Firstly, 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 by the appointment of election tribunal judges by the then Chief Justice Malik Shahzad Ahmad Khan.
Secondly, Justice Aalia Nelum also transferred ATC judges who were not in the good graces of the executive but were appointed by her predecessor.
Subsequently, dozens of PTI leaders and workers were convicted by the ATCs in the May 9 cases. Their appeals against their conviction are still pending. Even their sentences have not been suspended and the majority of them remain behind bars.
Once, when judicial members of the JCP suggested the elevation of Justice Aalia Nelum to the supreme court in a meeting, members associated with the government vetoed the suggestion because the executive authorities were comfortable with her presence at the LHC.
Even the Punjab Assembly has not passed a resolution for creation of constitutional seats in the LHC. The executive authorities have so far expressed satisfaction with the distribution of important cases before certain courtrooms.
It is a fact that the PTI has so far failed to secure any substantial relief during the tenure of Justice Aalia Nelum.
On the other hand, despite protests over the activities of the Crime Control Department (CCD) in the province, the LHC has not issued any adverse ruling on the issue. Likewise, unlike in the past, the provincial authorities have not experienced difficulties in terms of maladministration and poor governance.
However, a controversy has now started after the LHC chief justice’s order on Monday suspending the Punjab Immovable Property Protection Act, 2025.
Subsequently, CM Punjab Maryam Nawaz reacted to the LHC order saying that the court’s decision was not in accordance with the principles laid down by the higher judiciary.
Meanwhile, a social media campaign was also launched against LHC Chief Justice Aalia Nelum. However, the legal community fully supports Judge Nelum. Even the Independent Group, known to be pro-government, is also defending the interim order of the LHC chief justice.
It should be noted that the JCP will likely meet during the second week of January to consider the confirmation of additional judges for the LHC.
The confirmation of these additional judges is very crucial for the active members of the Independent Panel. Similarly, the relations between the Independent Group and the Punjab Judiciary are also very cordial.
Even the representatives of the upper bar belonging to the Independent Group appreciated the performance of CJ Nelum on different occasions.
Some experts said that the powerful circles are fully aware of the importance of Punjab’s judiciary in the context of PTI. They affirmed that their role remained essential in this matter. “It is necessary to know where the powerful circles stand in the current situation,” said a lawyer.
If all the executive authorities and the Independent Panel are on the same page, then they have several options to handle the situation by elevating the LHC Chief Justice to the rank of SC or establishing constitutional seats in the LHC.
Some executive officials, notably Law Minister Azam Nazeer Tarar, are expected to play a role in ending tensions between the provincial government and the Punjab judiciary.
