10 law officers challenge removal

LAHORE: The Lahore High Court Thursday directed an additional advocate general to explain whether caretaker provincial government had the mandate to remove law officers appointed by the former government.

Justice Ali Akbar Qureshi was hearing a petition moved by 10 assistant advocate generals terminated by the caretaker government the other day.

Advocates Shahzad Shaukat and Khalid Ishaq argued on behalf of the petitioners/law officers and questioned the jurisdiction of the caretaker government to remove their clients.

The counsel stated that the caretaker government, under Election Rules 2017, could only transfer or shuffle public officials, if considered expedient, after the approval of the Election Commission of Pakistan.

They said the process for the appointment of the petitioners was initiated in 2016 and they underwent a series of interviews and scrutiny before being shortlisted for the posts.

They said the petitioners had been appointed for a probation period of six months and their services were to be regularised in the light of their performance.

The counsel argued that the caretaker government acted beyond its jurisdiction as its job was to ensure fair and free election only. They further said the ban on fresh appointments by the Election Commission of Pakistan did not apply on such posts.

On court’s call, Additional Advocate General Khalid Waheed appeared before it to represent the advocate general office in the case.

Justice Qureshi observed that the court would see whether an approval from the Election Commission of Pakistan had been sought by the caretaker government before removing the petitioners.

Why the caretaker government took more than 20 days to take the impugned decision if the appointment of the petitioner-law officers was illegal, wondered the judge. Justice Qureshi posed several queries to the law officer asking him to come up with their answers today (Friday) without fail.

The 10 assistant advocate generals removed by the interim government include Barrister Asjad Saeed, Amar Sanaullah, Tariq Mahmood Butt, Ahmad Hassan Rana, Muhammad Tariq Nadeem, Barrister Bushra Saqib, Asif Afzal Bhatti, Ch Jawad Yaqub, Khalid Masood Ghani and Barrister Ameer Abbas Ali Khan. They were appointed by the former government on May 26 and May 30 last. The impugned notification said the assistant advocate generals were appointed despite the Election Commission of Pakistan ban.