The Supreme Court dismisses its lawsuit against Alia Neelum, the top justice of the LHC.

In the case contesting the appointment of Justice Alia Neelum as Chief Justice of the Lahore High Court, the constitutional bench of the Supreme Court has been disbanded.

Because they were part of the Judicial Commission that oversaw her selection, Justices Aminuddin Khan and Jamal Mandokhel withdrew from the case.

As a member of the Judicial Commission for the appointment of the Chief Justice of the Lahore High Court, Justice Aminuddin Khan said he was unable to hear the case.

Justice Jamal Mandokhel further emphasized that the subject could not be fairly heard by both justices because they were members of the Commission. For additional proceedings, the bench later directed that the case be transferred to another constitutional bench.

On August 1, 2024, Pakistan Bar Council member Shafqat Mahmood Chohan filed a petition against Justice Alia Neelum’s appointment, claiming that it went against the seniority principle of the constitution.

According to Mr. Chohan’s petition, this appointment violates the seniority principle set down in the Al Jahad Trust decision, and the court ought to rule that it is unconstitutional.

Additionally, he contends that it is wrong to nominate a junior judge to the esteemed Chief Justice post and urges the court to revoke the appointment.

Seniority is not a fundamental right, the Additional Attorney General claimed during the hearing, citing other cases in which the Chief Justice’s nomination did not exactly follow seniority.

Justice Jamal Mandokhel, acknowledging the complexity of the case, noted that both he and Justice Aminuddin Khan had participated in the Judicial Commission’s approval of Justice Alia Neelum’s nomination and therefore should not be involved in the hearing of the case.

First woman chief justice

Justice Alia Neelum took the oath of office as Chief Justice of the Lahore High Court on July 11, 2024, administered by Punjab Governor Sardar Saleem Haider.

Her appointment was formally approved by the Judicial Commission of Pakistan, chaired by Chief Justice of the Supreme Court, Qazi Faez Isa.

Following the approval, the President of Pakistan sanctioned her appointment, and the Ministry of Law issued the official notification.

Justice Neelum made history by becoming the first woman in Pakistan to hold the position of Chief Justice of a High Court, marking a significant milestone in the country’s judicial history.