ISLAMABAD: A constitutional bench of the Supreme Court, hearing a petition against the appointment of Lahore High Court (LHC) Chief Justice Alia Neelum, has been dissolved after two judges recused themselves from the case.
Justices Aminuddin Khan and Jamal Mandokhel excused themselves, citing their roles as members of the Judicial Commission that approved Justice Alia Neelum’s appointment.
Justice Aminuddin stated that, as a commission member involved in the LHC Chief Justice’s selection, he could not remain impartial in the proceedings. Similarly, Justice Jamal Mandokhel remarked that his participation in the Judicial Commission precluded him from hearing the matter.
The bench subsequently directed the case to be transferred to another constitutional bench for further deliberation.
The petition was filed by Pakistan Bar Council member Shafqat Mahmood Chohan on August 1, 2024. It challenges Justice Alia Neelum’s appointment, claiming it violates the principle of seniority established in the Al-Jihad Trust case.
The petitioner argued that appointing a junior judge to the position of Chief Justice undermines established judicial norms and called for the court to declare the decision unconstitutional.
During the hearing, the Additional Attorney General countered the claim, stating that seniority is not a fundamental right and pointing to past instances where the principle was not strictly followed in appointing chief justices.
Justice Mandokhel acknowledged the complexity of the issue and emphasized that their roles in approving Justice Alia Neelum’s nomination made it inappropriate for them to hear the case.
The petition now awaits review by a newly constituted bench.
