Justice Umar Ata Bandial is hearing the writ petition filed by Advocate Nawaz Cheema. Cheema said that Khosa was not eligible to be appointed as governor because he was removed from the office of the Attorney General of Pakistan on the directions of the Supreme Court in view of corruption charges against him.
He said that the Lahore High Court had warned Khosa of professional misconduct in two cases and had directed the subordinate judiciary throughout the province not to accept any order or document referred by the respondent, unless a certified copy of such order was produced.
Cheema alleged that Khosa was also guilty of corruption as adviser to the prime minister for information technology. He alleged that Khosa had hired his close relatives to key posts in the Information Technology Department by unlawfully terminating five competent men.
The petitioner said that according to the Constitution, a person could not be appointed as the governor unless qualified to become a member of the National Assembly. The petitioner said that a person facing allegations of corruption, misconduct, nepotism and bribery was not eligible to be elected as a member of the parliament under Article 62 and 63 of the Constitution.
Deputy Attorney General Nasim Kashmiri and Additional Advocate General Zakaur Rehman opposed the petition saying that it was not maintainable as the allegations had never been proved.
They also argued that the governor enjoyed immunity under the Constitution so that no proceedings could be initiated or continued against him.
Published in The Express Tribune, February 22nd, 2011.
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