PHC moved against KP AG’s appointment

PESHAWAR: A lawyer on Monday moved the Peshawar High Court (PHC) against the appointment of Khyber Pakhtunkhwa Advocate General. The petition was filed by Syed Azizuddin Kakakhel. He sought an order of the court to declare the appointment of Abdul Latif Yousafzai as Advocate General KP void.

He prayed the court to ensure the appointment of the additional advocate generals and assistant advocate generals in the KP AG office on merit and restrain the provincial government from appointing party affiliated lawyers to the posts.

In the petition, the lawyer claimed that qualification for appointment of AG for the province is equal to be that of a judge of the high court as per under Article 140 of the Constitution.

From Article 195 of Constitution relating retiring age, it said a judge of the high court shall hold office until he attains the age of 62 years unless he resigns or is removed from office in accordance with the Constitution.

He submitted that a person, if he has sufficient qualification but if is 62 or more than 62 years of age, cannot be appointed to a be a judge of high court, and thus, the respondent No 11 (Abdul Latif Yousafzai) is more than 62 years of age i.e about 72 years and he cannot qualify to be appointed as judge of the high court.

The KP governor through the principal secretary, chief minister through his secretary, chief secretary, secretary Law, PHC registrar, Pakistan Bar Council secretary, KP Bar Council secretary and PHC Bar Association President were made parties to the petition.