PBC rejects new Punjab property law


ISLAMABAD:

The Pakistan Bar Council (PBC) unanimously rejected the Punjab Immovable Property Protection Act, 2025, warning the PML-N Punjab government to refrain from what it called “illegal aspirations of land mafias”.

The decision was taken during the 247th meeting of the PBC, held on Saturday at the Supreme Court building in Islamabad, under the chairmanship of Vice President Chaudhry Tahir Nasrullah Warraich.

In a strongly worded resolution, the PBC condemned the Punjab government for passing the law, stating that it was unconstitutional, illegal and in direct conflict with established legal frameworks, including the Qanoon-e-Shahadat, the Civil Procedure Code (CPC), the Criminal Procedure Code (CrPC), the Evidence Act, the Unlawful Dispossession Act and other relevant laws.

The council noted that the law empowers committees headed by deputy commissioners to resolve property disputes, a move it said undermines judicial authority and makes existing legal provisions redundant. He added that the matter has already been challenged before the Lahore High Court (LHC), which rightly stayed the law.

The PBC commended LHC Chief Justice Aalia Neelum for issuing what it described as a timely order, noting that the new enactment compromises established legal principles governing property disputes.

According to the council, the law establishes a parallel system in which administrative officials (including deputy commissioners, police officers and tax officials) are tasked with resolving disputes that should be the exclusive jurisdiction of the judiciary.

“This law dismantles the civil justice system, civil rights and judicial supremacy,” the resolution states, expressing concern that tax officials may surrender possession of disputed properties even when matters are pending before civil courts.

The council also condemned what it called a trolling and propaganda campaign by the Punjab government against the judiciary following the suspension of the law.

He expressed serious concern about the conduct of the provincial government and its leaders, alleging that the law was enacted to protect mafias and land grabbers.

Emphasizing the judiciary’s constitutional mandate to interpret laws, the PBC asserted that the LHC acted within its powers in suspending legislation that undermines judicial authority.

The PBC demanded immediate withdrawal of the law and asked the Punjab government to apologize to the LHC for what it called insulting comments and inappropriate attitude.

Warning of possible unrest, the council said the legal fraternity strongly supports the judiciary and would not allow any compromise on its independence, adding that lawyers could launch a movement if corrective measures are not taken in the coming days.

On December 23, LHC Chief Justice Aalia Neelum issued an interim order suspending the functioning of the newly enacted Punjab Immovable Property Protection Ordinance, 2025, which empowers committees headed by deputy commissioners to decide property disputes.

Judge Neelum issued the ruling during a hearing of petitions filed by Abida Parveen and others challenging decisions regarding property disputes made under the ordinance. The LHC also suspended decisions made under new legislation to remove possession of properties.

Punjab Chief Minister Maryam Nawaz on December 24 expressed reservations over the LHC’s decision, arguing that the move would “benefit land-grabbing and usurping mafias.” Some other provincial ministers also criticized the order.

However, the LHC court on Friday set aside decisions of committees headed by deputy commissioners granting possession of properties to people in 10 districts of Punjab under the new law.

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