Lahore High Court (LHC) Chief Justice Aalia Neelum is poised to be elevated as a judge of the Supreme Court of Pakistan, likely by next month. The elevation will take effect after the retirement of Supreme Court Justice Musarrat Hilali, who is scheduled to retire on August 8, according to sources.
Background of the Appointment
Sources revealed that Justice Hilali's name had earlier been under consideration for appointment to the Federal Constitutional Court (FCC), established under the 27th Constitutional Amendment. However, her appointment could not materialize due to health-related issues. With her retirement approaching, the vacancy in the Supreme Court is expected to be filled by Justice Neelum.
Succession at the Lahore High Court
Following Justice Neelum's anticipated elevation, three senior judges are being considered for appointment as the next chief justice of the LHC. The names under consideration are Justice Abid Aziz Sheikh, Justice Sadaqat Ali Khan, and Justice Syed Shahbaz Ali Rizvi. All three are senior judges of the LHC and are being evaluated for the top post.
Precedent and Selection Process
Interestingly, when former LHC chief justice Shahzad Ahmad Malik was elevated to the Supreme Court, a similar situation arose. At that time, three names were considered for the office of the LHC chief justice. However, instead of Justice Shujaat Ali Khan and Justice Ali Baqar Najafi—the latter now serving as an FCC judge—a unanimous decision was taken to appoint Justice Neelum, who was third on the seniority list, as the LHC chief justice.
Sources added that one reason a senior judge was not appointed as the LHC chief justice at the time was the existence of negative public perception surrounding that judge. This precedent highlights that seniority alone does not guarantee appointment, and other factors such as public perception and judicial suitability are taken into account.
