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PBC Slams Punjab Protection of Ownership of Immovable Property Law; Terms it an Attack on Judicial Authority

ISLAMABAD: Top regulatory body of legal fraternity in the country, Pakistan Bar Council (PBC) Saturday unanimously rejected the Punjab Protection of Ownership of Immovable Property Act, 2025, warning the PML-N Punjab government to refrain from what it termed the “unlawful aspirations of land mafias”.

The decision was taken during the 247th meeting of the PBC, held on Saturday at the Supreme Court Building in Islamabad, with Vice Chairman Chaudhry Tahir Nasrullah Warraich presiding.

In a strongly worded resolution, the PBC condemned the Punjab government for passing the law, stating that it was unconstitutional, unlawful and in direct conflict with established legal frameworks, including the Qanoon-e-Shahadat, Civil Procedure Code (CPC), Criminal Procedure Code (CrPC), Evidence Act, Illegal Dispossession Act, and other relevant laws.

The council noted that the act empowers deputy commissioner-led committees to adjudicate property disputes, a move it said undermines judicial authority and renders existing legal provisions redundant. It added that the matter has already been challenged before the Lahore High Court (LHC), which has rightly suspended the law.

The PBC praised LHC Chief Justice Ms Aalia Neelum for issuing what it described as a timely order, observing that the new enactment compromises settled legal principles governing property disputes.

According to the council, the act establishes a parallel system in which administrative officers — including deputy commissioners, police officers, and revenue officials — are tasked with resolving disputes that should exclusively fall within the judiciary’s domain.

“This law dismantles the civil justice system, civil rights, and judicial supremacy,” the resolution stated, expressing concern that revenue officers could hand over possession of disputed properties even when matters are pending before civil courts.

The council also condemned what it called a campaign of trolling and propaganda by the Punjab government against the judiciary following the suspension of the act.

It expressed grave concern over the conduct of the provincial government and its leadership, alleging that the law was enacted to protect land mafias and land grabbers.

Emphasizing the constitutional mandate of the judiciary to interpret laws, the PBC asserted that the LHC acted within its powers by suspending legislation that undermines judicial authority.

The PBC demanded the immediate withdrawal of the act and called on the Punjab government to issue an apology to the LHC over what it termed insulting remarks and an inappropriate attitude.

Warning of possible agitation, the council said the legal fraternity stands firmly with the judiciary and would not allow any compromise on its independence, adding that lawyers may launch a movement if corrective steps are not taken within the next few days.

LHC Chief Justice Aalia Neelum on December 23 issued an interim order, suspending the operation of the newly enacted Punjab Protection of Ownership of Immovable Property Ordinance, 2025, which empowers deputy commissioner-led committees to decide property disputes.

Justice Neelum issued the ruling during a hearing of petitions filed by Abida Parveen and others who challenged decisions pertaining to property disputes taken under the ordinance. The LHC also suspended decisions taken under the new legislation to take away the possession of properties.

Punjab Chief Minister Maryam Nawaz on December 24 expressed reservations about the LHC’s decision, arguing that the move would “benefit encroachment and land-grabbing mafias”. Some other provincial ministers also criticized the order.

However, the LHC bench on Friday overturned the decisions of deputy commissioner-led committees that granted the possession of properties to people in 10 districts of Punjab under the new law.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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