LAHORE:Lahore High Court (LHC) has rejected the petition filed by former judge Justice (Retd) Zafar Iqbal in connection with pension privileges. Justice Asim Hafeez has maintained high court has been excluded from the jurisdiction of judicial review of this nature under clause 5 of article 199 of the constitution. While the decision of chief justice and committee comprising judges of high court can not be challenged through constitutional petition.
The court while rejecting the plea for making amendment in the petition dismissed both central constitutional petition and amendment petition. Justice Asim Hafeez of LHC issued 5-page written decision.
Justice Asim Hafeez wrote in his decision the petitioner had filed petition to seek pension privileges. This was reviewed by a committee comprising judges of LHC. However committee did not approve it. Later the recommendations of the committee were presented before Chief Justice (CJ) LHC who also rejected the petition.
The petitioner was informed about this decision through Registrar LHC May 11, 2026 letter which was challenged in the constitutional petition.
As per decision the Assistant Attorney General (AAG) who appeared on behalf of the federation raised objection over the maintainability of the petition during the course of hearing .
Justice Asim Hafeez further maintained that under clause 5 of article 199 of the constitution , high court, committees comprising its judges and chief justice enjoy the status of integral part of the institution and they cannot be brought to the jurisdiction powers of such nature of judicial review.
Mention of high court has been made instead of a specific judge in constitutional clause. Therefore, the respective recommendations and endorsement of chief justice cannot be challenged on this basis by separating them from each other.
The court maintained that this thing came to light after reviewing the proposed amendments that what is not permitted directly cannot be achieved indirectly through amendment in the petition.
The court maintained no such basis is available in the facts of the petition upon which the constitutional power of jurisdiction could be exercised.
Justice Asim Hafeez rejected both constitutional petition of Justice (Retd) Zafar Iqbal Chaudhry regarding pension privileges and plea for amendment in the petition.