Today, a Full Bench is convening at the Lahore High Court under the supervision of the Honourable Chief Justice to hear more than 200 petitions challenging a controversial property law introduced by the Punjab Government.
The Core Issue: Property Disputes and Executive Authority
The disputed legislation reportedly authorizes administrative officers such as Assistant Commissioners (AC) and Deputy Commissioners (DC) to decide land and property matters, powers that traditionally fall within the jurisdiction of the judiciary.
While there is no doubt that property disputes should be resolved swiftly, ideally within three to six months, the solution cannot be to transfer judicial authority to the executive branch. The principle of separation of powers is fundamental to any constitutional democracy. Courts exist precisely to adjudicate disputes involving the state and its citizens.
Allowing the executive to both act against a citizen and then decide the legality of its own actions undermines the right to fair trial and due process. If an executive authority becomes the judge of its own conduct, the possibility of impartial justice is compromised.
The decision of the Chief Justice to constitute a Full Bench reflects the gravity of the matter and reinforces the importance of preserving judicial independence.
Call for a Full Bench on Custodial Deaths and Alleged Fake Encounters
In addition to the property law issue, there is an urgent need for judicial scrutiny of alleged fake police encounters and custodial deaths in Punjab.
Serious allegations have emerged regarding the role of a specialized police unit known as CCD (Crime Control Department), with claims that approximately 1,100 individuals were killed in alleged encounters. Among them, it is alleged, were individuals who had not yet stood trial and were entitled to the constitutional right of a fair hearing.
Extrajudicial killings, if proven, constitute a direct violation of fundamental rights, including:
- The right to life
- The right to due process
- The right to fair trial
These rights are not privileges; they are constitutional guarantees.
Implementation of the Custodial Deaths Prevention Law
There are calls for the formation of another Full Bench to ensure the effective implementation of the Custodial Death (Prevention and Punishment) Act, 2022. The objective would be:
- Establishing a proper oversight and accountability mechanism
- Issuing a comprehensive judicial report
- Ensuring immediate suspension of officials found prima facie involved
- Guaranteeing transparent and independent investigations
Accountability must be institutional, not selective.
Conflict of Interest Concerns
Further concerns have been raised regarding alleged conflicts of interest. It has been claimed that a senior police official, previously named in petitions related to encounter cases, has now been appointed Director of the Federal Investigation Agency (FIA).
If the same department responsible for investigating alleged extrajudicial killings is headed by an individual who has been named in related proceedings, serious questions arise regarding impartiality and institutional credibility.
Justice must not only be done, it must be seen to be done.
The Larger Constitutional Question
At its core, these issues are about:
- Separation of powers
- Judicial independence
- Protection of fundamental rights
- Accountability of state institutions
Courts are the final guardians of constitutional rights. Executive efficiency cannot come at the cost of judicial authority, nor can law enforcement objectives override the right to life and fair trial.
The convening of a Full Bench at the Lahore High Court is a significant step toward addressing these concerns. It represents an opportunity to reaffirm constitutional boundaries and restore public confidence in the justice system.
The expectation now is that the judiciary will continue to exercise its constitutional role boldly and independently, ensuring that no authority stands above the law.