Public perception holds sway in LHC CJ appointment

The Judicial Commission of Pakistan (JCP) had deemed two senior most Lahore High Court (LHC) judges not suitable and fit to hold the office of the LHC chief justice “largely due to the negative public perception as to their integrity and reputation amongst the judicial and legal fraternity”.

Justice Aalia Neelum was sworn in as the Chief Justice of the Lahore High Court on Thursday during a ceremony at the Governor House. Punjab Governor Sardar Saleem Haider administered the oath to the new LHC chief justice. Punjab Chief Minister Maryam Nawaz Sharif also attended the event. Justice Neelam is the first female LHC chief justice. Her judicial career spans over two decades, starting as a lawyer in 1996.

Chief Justice of Pakistan Qazi Faez Isa who is also the JCP chairman on July 2 summoned a meeting of the commission to consider three nominations for the coveted position of the LHC chief justice.

In the meeting, the JCP unanimously approved the nomination of Justice Aalia Neelum as the new LHC chief justice by ignoring two senior judges—Justice Shujaat Ali Khan and Justice Ali Baqar Najfi.

The minutes of the JCP meeting, seen by The Express Tribune, reveal the reason as to why two senior judges were superseded.

“In this evaluation, the first two nominees were not found suitable and fit for consideration to hold the office of the chief justice largely due to their negative public perception as to their integrity and reputation amongst the judicial and legal fraternity,” said the minutes.

It said in a full and frank discussion, all the members of the commission either stated or endorsed the view that “where, as here, there was a near universal convergence of negative perception then any expectancy stood displaced, and the candidature of the nominee ought not to move forward”.

The JCP minutes stated that the foundational strength of a judicial institution is public trust. “All members of the commission were of the view that the person who is to be appointed as chief justice of a high court must possess unchallenged integrity and unblemished reputation.”

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

Justice Yahya Afridi had pointed out that two senior most judges were not considered fit for elevation to the Supreme Court of Pakistan in the earlier meeting of the JCP dated June 7; hence they should not now be considered for appointment as the LHC chief justice.

“The chairman stated that he personally could not comment on the integrity and reputation of the first two gentlemen. However, with regard to Justice Shujaat Ali Khan, he was disappointed with his limited work experience and that his output too was disappointing.

“Reference was also made to a couple of his judgments which were set aside by the Supreme Court because settled legal principles were not followed.

“As regards Justice Ali Baqar Najafi the chairman/CJP Isa referred to his decision in a large number of electricity tariff cases in which jurisdiction was assumed without legal/constitutional justification.

“[This decision was] set aside, however, as a consequence of the said unjustified assumption of jurisdiction [while] an astronomical loss was caused to the public exchequer.”

Citing CJ Isa, it said another of Justice Najafi’s judgments had the potential to derail the February 8 general elections besides having an extra-territorial effect—a decision also set aside by the SC.

“Reference was also made to [Justice Najafi] requiring from the Foreign Ministry protocol facilities at airports abroad for his adult son,” it added.

The members then evaluated the candidature of Justice Aalia Neelum. All the members concluded that she was fit and suitable to hold the office of the LHC chief justice. The commission then unanimously nominated Justice Aalia Neelum for the position of the LHC chief justice.