Council says it undermines judicial authority and renders present authorized provisions redundant
ISLAMABAD:
The Pakistan Bar Council (PBC) has unanimously rejected the Punjab Safety of Possession of Immovable Property Act, 2025, warning the PML-N Punjab authorities to chorus from what it termed the “illegal aspirations of land mafias”.
The choice was taken throughout the 247th assembly of the PBC, held on Saturday on the Supreme Court docket Constructing in Islamabad, with Vice Chairman Chaudhry Tahir Nasrullah Warraich presiding.
In a strongly worded decision, the PBC condemned the Punjab authorities for passing the legislation, stating that it was unconstitutional, illegal and in direct battle with established authorized frameworks, together with the Qanoon-e-Shahadat, Civil Process Code (CPC), Felony Process Code (CrPC), Proof Act, Unlawful Dispossession Act, and different related legal guidelines.
The council famous that the act empowers deputy commissioner-led committees to adjudicate property disputes, a transfer it stated undermines judicial authority and renders present authorized provisions redundant. It added that the matter has already been challenged earlier than the Lahore Excessive Court docket (LHC), which has rightly suspended the legislation.
The PBC praised LHC Chief Justice Aalia Neelum for issuing what it described as a well timed order, observing that the brand new enactment compromises settled authorized rules governing property disputes.
In keeping with the council, the act establishes a parallel system by which administrative officers — together with deputy commissioners, law enforcement officials, and income officers — are tasked with resolving disputes that ought to completely fall inside the judiciary’s area.
“This legislation dismantles the civil justice system, civil rights, and judicial supremacy,” the decision said, expressing concern that income officers may hand over possession of disputed properties even when issues are pending earlier than civil courts.
The council additionally condemned what it known as a marketing campaign of trolling and propaganda by the Punjab authorities towards the judiciary following the suspension of the act.
It expressed grave concern over the conduct of the provincial authorities and its management, alleging that the legislation was enacted to guard land mafias and land grabbers.
Emphasizing the constitutional mandate of the judiciary to interpret legal guidelines, the PBC asserted that the LHC acted inside its powers by suspending laws that undermines judicial authority.
The PBC demanded the quick withdrawal of the act and known as on the Punjab authorities to difficulty an apology to the LHC over what it termed insulting remarks and an inappropriate perspective.
Warning of potential agitation, the council stated the authorized fraternity stands firmly with the judiciary and wouldn’t enable any compromise on its independence, including that attorneys could launch a motion if corrective steps aren’t taken inside the subsequent few days.
LHC Chief Justice Aalia Neelum on December 23 issued an interim order, suspending the operation of the newly enacted Punjab Safety of Possession of Immovable Property Ordinance, 2025, which empowers deputy commissioner-led committees to resolve property disputes.
Justice Neelum issued the ruling throughout a listening to of petitions filed by Abida Parveen and others who challenged choices pertaining to property disputes taken beneath the ordinance. The LHC additionally suspended choices taken beneath the brand new laws to remove the possession of properties.
Punjab Chief Minister Maryam Nawaz on December 24 expressed reservations in regards to the LHC’s choice, arguing that the transfer would “profit encroachment and land-grabbing mafias”. Another provincial ministers additionally criticized the order.
Nonetheless, the LHC bench on Friday overturned the selections of deputy commissioner-led committees that granted the possession of properties to folks in 10 districts of Punjab beneath the brand new legislation.
