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Monday October 07, 2024

Governor case in IHC: President can’t dismiss PM’s second advice, says AGP

By Awais Yousafzai
May 26, 2022

ISLAMABAD: Attorney General of Pakistan (AGP) Ashtar Ausaf Ali on Wednesday argued before the Islamabad High Court that the president used to appoint a governor on the advice of the prime minister in accordance with the Constitution.

The AGP continued his arguments before the court of Chief Justice Athar Minallah in a case filed by former governor Punjab Umar Sarfraz Cheema challenging the notification regarding his removal.

Ashtar Ausaf said the Constitution did not mean that the president might remove the governor on the very next date after his appointment, adding that the powers and functions of the president’s office were the same.

The AGP said that when the prime minister sent an advice, the president could approve or return it. However, on the second advice by the prime minister, the president had no authority other than approving it.

The court asked the AGP to assist it on the point that how the will of president could be different from his discretionary powers. The court also asked the AGP to provide the changes since 1973 in the form of a chart.

Petitioner's lawyer Dr. Babar Awan prayed the court to adjourn the case for a day as he had to go to the Supreme Court. He said he would initiate cross arguments on Thursday. The chief justice remarked that the issue was that a big province was running without the governor. The court adjourned the case till Thursday (today).