Relations between the judiciary and the Punjab government have been exemplary during the tenure of Justice Aalia Neelum
Misbah said economies with a more efficient judiciary have more developed credit markets and a higher overall level of development. PHOTO: ARCHIVE
ISLAMABAD:
After the suspension of the Punjab Immovable Property Protection Act, 2025 by the Lahore High Court (LHC) and the subsequent reaction by Chief Minister Maryam Nawaz, speculation has begun as to whether the winds of change are beginning to blow in the Punjab judiciary.
Some experts believe that the Punjab judiciary has so far been “very accommodating” to the Punjab government during the tenure of current Chief Justice Aalia Nelum.
The Punjab government and powerful circles were visibly upset with former LHC Chief Justice Malik Shahzad Ahmad Khan for his handling of Anti-Terrorism Court (ATC) appointments, nominations to electoral tribunals and allocation of cases.
Even representatives of the bar association expressed dissatisfaction with Shahzad’s decision.
Upon assuming office, CJ Khan had quickly flagged cases with political implications, assigning them to particular judges within the apex court. These measures often had unfavorable results for the executive branch.
Notably, the PTI also received relief in several cases, particularly those related to electoral disputes.
Additionally, CJ Khan nominated five additional LHC judges to preside over the election tribunals. Tension also persisted between the LHC chief justice and the executive authorities regarding the appointment of five judges to the ATCs in Punjab.
Meanwhile, the executive, with the support of then Chief Justice of Pakistan Qazi Faez Isa, managed to elevate Khan to the Supreme Court in June last year.
Subsequently, the Judicial Commission of Pakistan (JCP) suggested the appointment of Justice Aalia Nelum as the Chief Justice of the LHC. Justice Aalia was third in seniority among high court judges at the time.
PTI legislators disagreed with his appointment alleging that he ignored the principle of seniority during a meeting of the Parliamentary Committee on Appointments of Judges.
Unlike his predecessor’s tenure, the relationship between the provincial government and the Punjab judiciary has remained very cordial.
Firstly, the 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 appointment of judges to electoral tribunals by then Justice Malik Shahzad Ahmad Khan.
Secondly, Judge Aalia Nelum also transferred ATC judges who were not in the executive’s good books but who had been appointed by her predecessor.
Subsequently, dozens of PTI leaders and workers were convicted by the ATC in the May 9 cases. Their appeals against the convictions are still pending. Not even their sentences were suspended and most of them remain behind bars.
Once, when JCP judicial members suggested the promotion of Justice Aalia Nelum to the high court during 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 did not pass a resolution for establishment of constitutional courts in the LHC. So far, executive authorities have been happy with allocating important cases to certain chambers for hearing.
It is a fact that the PTI has so far failed to obtain any kind of substantial redress during the tenure of Judge Aalia Nelum.
On the other hand, despite the uproar over the activities of the Crime Control Department (CCD) in the province, the LHC has not issued any adverse order on the issue. Similarly, unlike in the past, the provincial authorities did not face difficult times on issues related to mismanagement and bad governance.
However, a controversy has now begun after the LHC Chief Justice’s Monday order suspending the Punjab Immovable Property Protection Act, 2025.
Later, CM Punjab Maryam Nawaz reacted to the LHC order by stating that the court’s decision was not in consonance with the principles laid down by the higher judiciary.
Meanwhile, a social media campaign was also launched against LHC CJ Aalia Nelum. However, the legal community fully supports Judge Nelum. Even the Independent Group, known as pro-government, also defends the interim order of the LHC chief justice.
It should be noted that the JCP is likely to meet in the second week of January to consider the confirmation of additional LHC judges.
The confirmation of these additional judges is very crucial for the 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 upper bar belonging to the Independent Group have appreciated CJ Nelum’s performance on different occasions.
Some experts said that the powerful circles are fully aware of the importance of the Punjab judiciary in the context of the PTI. They said their role remains essential in this matter. “It is necessary to know where the powerful circles are in the current situation,” said one lawyer.
If all the executive authorities and the Independent Group are on the same page, then they have several options to handle the situation by elevating the chief justice of the LHC to the SC or establishing constitutional courts in the LHC.
Some executive officials, especially Law Minister Azam Nazeer Tarar, are expected to play a role in ending the tension between the provincial government and the Punjab judiciary.
