Justice Dost’s ‘interim’ placement does not violate rules

PHC gives K-P attorney general three days to submit reply


Our Correspondent June 21, 2018
Peshawar High Court. PHOTO: FILE

PESHAWAR: The top provincial lawyer was asked on Wednesday to explain the legality of appointing the interim chief minister of the province.

A two-judge bench of the Peshawar High Court (PHC) comprising Justice Waqar Ahmad Seth and Justice Muhammad Nasir Mahfooz, on Wednesday heard a petition by Syed Azizuddin Kakakhel which claimed that the appointment of Justice (retired) Dost Muhammad Khan as the caretaker chief minister of Khyber-Pakhtunkhwa (K-P) did not fulfill certain provisions of the Constitution.

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Kakakhel in his petition contended that Justice Dost does not fulfil provisions under Article 62 and 63 of the Constitution wherein an elected or chosen person, who has served in any statutory body, shall be disqualified unless a period of two years has elapsed since the end of serving their tenure.

The petitioner pointed out that the interim chief executive had retired on March 20, 2018. Hence, he does not fulfil the constitutional requirements and asked the court to declare his appointment as unconstitutional.

Kakakhel also claimed that the appointment was also against the National Judicial Policy 2009, which suggests that a Supreme Court judge shall not accept any post lower than his status or dignity.

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The PHC subsequently directed K-P Advocate General (AG) Abdul Latif Yousafzai to submit reply on the questions raised in the petition.

Yousafzai appeared before the court on Wednesday and told the court that Article 63 of the constitution does not apply here since the position is only for an interim period.

Published in The Express Tribune, June 21st, 2018.

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