ISLAMABAD: The Judicial Commission of Pakistan (JCP) in its meeting of July 2 had observed that nominees for the high office of chief justice of a high court must possess unchallenged integrity and unblemished reputation in the public.

The JCP which approved the elevation of Justice Aalia Neelum to become the first ever woman Chief Justice of the Lahore High Court (LHC), had also observed that the 1996 Al-Jehad Trust case though held that the most senior judge had a legitimate expectancy to be appointed CJ of the high court but it was not an entitlement as of right, confided a source privy to the development.

In its July 2 meeting, the JCP had also unanimously recommended elevation of Justice Shafi Siddiqui as Chief Justice of the Sindh High Court to fill the vacant seat after the elevation of Justice Aqeel Ahmed Abbasi to the Supreme Court. The government has already notified the elevations through a notification on Wednesday.

Evaluating the credentials and suitability of the nominee for the appointment as LHC CJ, the source said, the JCP concluded that the nomination of Acting Chief Justice Shujaat Ali Khan and Justice Ali Baqar Najafi was not suitable or fit to hold the office of CJ due to alleged negative public perception as to their integrity and reputation amongst the judicial and legal fraternity.

Says nominees must possess unchallenged integrity, unblemished reputation; Justice Neelum names first female registrar

All the members of the commission endorsed this view, adding any negative perception against a judge displaced the concept of legitimate expectancy and therefore the candidacy of the nominee ought not to move forward. The foundational strength of a judicial institution is public trust, the JCP unanimously held, adding the nominees must possess unchallenged integrity and unblemished reputation.

During the meeting, Justice Yahya Afridi – a member of the commission – highlighted that the nominees No.1 and No.2 were also not considered fit for elevation to the Supreme Court in the earlier meeting of the commission held on June 7.

The commission also expressed its disappointment with the limited work experience and output on part of certain nominees and also considered a reference made to certain judgments which were set aside by the Supreme Court because settled legal principles were not followed.

The cases of electricity tariff also came up during the discussion and it was observed that the court assumed the constitutional jurisdiction without any legal justification as a result astronomical loss was caused to the public exchequer.

Another judgment by one of the nominees had the potential to derail the general elections set to be held on Feb 8, 2024, including having an extra-territorial effect – a decision also set aside by the Supreme Court. The meeting also considered the incidents of protocol facilities from the Foreign Ministry at airports abroad for the adult son.

During the meeting, the JCP also considered the July 26 letter by six members of the Pakistan Bar Council in which the members had expressed the hope that the commission will adhere to seniority principle to promote credibility of the judicial system in the country, confided the source privy to what transpired inside the JCP meeting.

But Chief Justice of Pakistan (CJP) Qazi Faez Isa who was heading the 12-member JCP rubbished the objection by explaining that the 1996 Al-Jehad Trust case did not ordain that the most senior judge had a legitimate expectancy to be appointed CJ of the high court but it was not an entitlement as of right.

Moreover, Article 193 and 196 of the Constitution did not require that the most senior judge of the high court be appointed as the chief justice or the acting chief justice unlike Articles 175A(3) and Article 180 of the Constitution with regard to the appointment of the chief justice and acting chief justice. “Thus the JCP had laid to rest the raging discussion that only seniority should be the determining factor in the elevation of the judges,” commented the source.

During the JCP proceedings, Justice Munib Akhtar – one of the member of the commission – had observed that the Al-Jehad Trust case though laid down a substantive rule of constitutional law and was a binding precedent but the legitimate expectancy through creating a high threshold could be displaced if there were convincing reasons to the contrary.

Justice Yahya Afridi also observed that even if there was no Al-Jehad Trust case, still good governance principles require that no senior judge should be bypassed without considering him for the high office.

In the end, the JCP concluded that the nominees will be considered in order of their seniority and only if the most senior nominee was not found suitable for the appointment as chief justice, the next nominee will be considered.

JUSTICE NEELUM SWORN IN: In a historic moment for the Lahore High Court, Justice Aalia Neelum on Thursday took oath as its first woman chief justice.

Punjab Governor Sardar Saleem Haider Khan administered the oath to Justice Neelum at a ceremony attended by Chief Minister Maryam Nawaz, judges of the LHC including senior puisne judge, Justice Shujaat Ali Khan, Justice Ali Baqar Najafi, Justice Abid Aziz Sheikh and Justice Shams Mehmood Mirza.

Pakistan Bar Council’s members Ahsan Bhoon, Hafeezur Rehman Chaudhry and Hassan Raza Pasha also attended the ceremony.

Upon her arrival at the LHC, Chief Justice Neelum was given a warm welcome and guard of honour.

Chief Justice Neelum was elevated as an additional judge of the LHC in 2013 and was later confirmed as a permanent judge in 2015. Her superannuation is on Nov 11, 2028.

During her tenure, she passed over 203 reported judgments, addressing various legal issues, said a press release issued by the LHC.

Chief Justice Neelum also served as an inspection judge of various districts and monitored special courts and tribunals. She was the first woman administrative judge of the anti-terrorism courts in Punjab.

She represented the Pakistani judiciary in various international conferences held in different countries.

The appointment of Chief Justice Neelum is a significant step forward for gender equality in the judiciary and a testament to her dedication and service to the legal profession, it added.

WOMAN REGISTRAR: In her first day decisions, Lahore High Court Chief Justice Aalia Neelum appointed District & Sessions Judge Abher Gul Khan as first woman registrar of the LHC.

D&SJ Khan was earlier posted as director general of the directorate of district judiciary at the LHC. Before that she served as a judge of an anti-terrorism court in Lahore and heard several cases of May 9 riots.

Chief Justice Neelum also approved transfer of D&SJ Muhammad Sarfraz Akhtar from Jhang to Lahore as director general of the directorate of the district judiciary.

D&SJ Chaudhry Muhammad Anwar was transferred from Rahim Yar Khan to Lahore in the human resource department of district judiciary at the LHC.

Published in Dawn, July 12th, 2024