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Saturday May 04, 2024

Out-of-turn promotions issue to be decided in view of SC judgment: LHC

By our correspondents
March 29, 2017

LAHORE

Justice Muhammad Anwarul Haq of the Lahore High Court on Tuesday observed that ‘out-of-turn promotions’ would be decided in view of the Supreme Court’s judgment under which such appointments and promotions had been nullified.The judge observed that the court would get the SC’s order implemented. He made these remarks while hearing a petition filed by DR Civil Muhammad Akmal Khan challenging the alleged out-of-turn appointments and promotions in Lahore High Court establishment.

During the course of hearing, Ahsan Bhoon, the counsel for the petitioner, argued that SC in its judgment had declared out-of-turn appointments and promotions unlawful. He said the SC judgment had yet to be enforced. He alleged that LHC administration was reluctant in implementing SC’s judgment. He submitted that former chief justices through their powers appointed officials in relaxation of rules while several others had also been promoted.

The counsel said that on the previous hearing, the court had ordered the registrar office to hand over the record of ‘under question appointments and promotions’ to the petitioners but the office did not comply with the court’s orders. At this, the court expressed dismay over non-compliance of its order and ordered the registrar office again to provide lists of such appointments to the petitioner. The court adjourned hearing until March 31.

The petitioner had submitted that many officers of the court had been holding seats or posts in the leverage of Rule 26 of the LHC establishment. The petitioner claimed that he had been waiting for his promotion for last nine years. He alleged that some other officials were promoted who had earlier been appointed under Rule 26. He alleged that appointments under Rule 26 were out-of-turn and thus their promotions had the same status. He said it was a violation of the SC's judgments.

The lawyer said in the recent past drastic changes took place regarding the appointments and promotions of the officials with state institutions. He said in the light of the SC judgment, all appointments and promotions made under Rule 26 of the LHC establishment rules were out-of-turn.

The counsel asked the court to stop further appointments, inductions and promotions until final disposal of the petition. He also asked the court to order the registrar to furnish details of the out-of-turn promotions.

NAP: The ministry of interior has told the Lahore High Court that the National Action Plan (NAP) is being fully implemented in Punjab while security of important government installations and personalities has also been tightened.

Deployment of Rangers in the province for two-month period is a continuation of the implementation of the NAP, says a report of the ministry submitted before the court in response to a petition questioning flaws in implementation of the National Action Plan.

Civil Society Network’s president Abdullah Malik had filed the petition.

Justice Aminuddin Khan put the report on the record of the case and directed the petitioner’s counsel to come up with his counter arguments by April 19.

The petitioner had contended that the PML-N Punjab government did not formulate any effective mechanism against terrorist activities. He stated that it was inevitable to say that the incumbent federal and Punjab governments totally failed to provide a secure environment leading to right of living and right of liberty. He said the NAP had been formulated by the military establishment and other law enforcement agencies and after its formulation a visible shift had been observed and the wave of terrorism, if not eradicated completely, declined at least. The law and order in Karachi is the prime example in this regard, he said. The petitioner alleged that the PML-N was reluctant to execute NAP in letter and spirit as it did not want to lose its vote bank which directly or indirectly was connected with the Rangers' operation in Punjab. He prayed to the court to order NAP execution in Punjab as law enforcement agencies, including police had failed to protect the lives of citizens in the province in the interest of justice and equity so that all operational activities for the purpose of eradicating the terrorism may proceed.