Govt put on notice for excluding law officers from civil service

PESHAWAR: The Peshawar High Court (PHC) on Tuesday sought a response from the Khyber Pakhtunkhwa government over a petition challenging the removal of law officers of the Advocate General’s Office from the definition of government employees.

The court also issued notices to the relevant authorities on the matter.A bench comprising Justice Syed Arshad Ali and Justice Tariq Afridi heard the petition, which challenged the Khyber Pakhtunkhwa Appointment of Law Officers (Amendment) Act, 2024.

The petitioner requested the court to declare the recent amendment to the Act null and void.The provincial government and secretary Law were made respondents in the case.Representing the petitioner, Sultan Muhammad Khan Advocate argued that the government had amended the law on the appointment of law officers and had retroactively enforced the amendment from 2014, which he claimed was unlawful.

According to the petitioner’s counsel, the amendment effectively removed law officers of the Khyber Pakhtunkhwa Advocate General’s Office from the category of “Service of Pakistan” employees.

He alleged that the provincial government made this amendment to protect its MNA, Sohail Sultan, who was elected from NA-4 Swat on the Pakistan Tehreek-e-Insaf ticket.Before becoming an MNA, Sohail Sultan had served as a law officer in the Advocate General’s Office.

After retiring from that position, he contested the general elections before completing the mandatory waiting period and won a seat in the National Assembly.This led to a legal challenge against his eligibility, filed with the Election Commission of Pakistan (ECP). As the ECP initiated proceedings against him, the provincial government allegedly amended the law to exempt him from disqualification by altering the employment status of law officers.

Sultan Muhammad Khan argued that the amendment was unconstitutional and illegal, as the provincial government had exceeded its legislative authority. He contended that a provincial law cannot alter the employment status of a civil servant and urged the court to suspend the amendment until a final decision on the petition.