IHC reinstates Elahi as PRCS chairman
Abrarul Haq was appointed as the society’s chairman through an executive order by President Arif Alvi
Abrarul Haq
ISLAMABAD:
The Islamabad High Court (IHC) on Monday restored Dr Saeed Elahi to his position after suspending the notification to appoint singer-turned-politician and philanthropist Abrarul Haq as chairman of the Pakistan Red Crescent Society (PRCS).
IHC Chief Justice Athar Minallah heard the petition filed by PRCS Chairman Dr Saeed Elahi against Haq's appointment.
Haq was appointed as the society’s chairman through an executive order by President Arif Alvi after removing incumbent chairman Dr Saeed Elahi who was accused of criticising government policies, corruption and nepotism during his two tenures.
Elahi had been appointed by the Pakistan Muslim League-Nawaz (PML-N) government as the PRCS chairman in 2014 and granted an extension for another term in 2017 with his term expiring in March 2020.
He argued before the court that according to the managing body’s rules, the duration of PRCS chairman was three years and that there was no apparent reason for his removal from the position.
He further said that Haq was also in conflict with the organisation's interest as the singer-turned-politician not only ran a hospital and private college but also collected donations for his non-government organisation Sahara Trust.
He urged the court to "declare the notification [of Haq's appointment] as void, illegal, unjust, without lawful authority, arbitrary and against the law".
Elahi said that under the rules of PRCS, the management body had the power to make appointments. He further said that PRCS chairman could only be removed before the completion of the term if they submit their resignation to the president.
He added that his removal was also in violation of the fundamental rights provided in the Constitution, according to which "no one can be condemned unheard".
Citing 10-A of the rule book, the court inquired about the removal of PRCS chairman from Attorney General Anwar Mansoor.
Mansoor said that Elahi had not challenged his removal.
"Two separate notifications were issued to notify the removal and the new appointment. It is surprising that he got the notification of the new appointment but not of his own removal," he said.
"If the president has the authority to make appointments, he also has the authority to remove [employees]," he added.
“How the government could remove the chairman despite rule being present,” Justice Minallah questioned.
The court suspended the notification of Haq's appointment and issued notices to President Arif Alvi, secretary cabinet division, secretary national health service and Haq, all of whom have been named as respondents, and demanded a written response.
The hearing of the case was adjourned till November 29.
Earlier, Haq was stopped by the guard when he arrived at PRCS to take charge of his office.
The Islamabad High Court (IHC) on Monday restored Dr Saeed Elahi to his position after suspending the notification to appoint singer-turned-politician and philanthropist Abrarul Haq as chairman of the Pakistan Red Crescent Society (PRCS).
IHC Chief Justice Athar Minallah heard the petition filed by PRCS Chairman Dr Saeed Elahi against Haq's appointment.
Haq was appointed as the society’s chairman through an executive order by President Arif Alvi after removing incumbent chairman Dr Saeed Elahi who was accused of criticising government policies, corruption and nepotism during his two tenures.
Elahi had been appointed by the Pakistan Muslim League-Nawaz (PML-N) government as the PRCS chairman in 2014 and granted an extension for another term in 2017 with his term expiring in March 2020.
He argued before the court that according to the managing body’s rules, the duration of PRCS chairman was three years and that there was no apparent reason for his removal from the position.
He further said that Haq was also in conflict with the organisation's interest as the singer-turned-politician not only ran a hospital and private college but also collected donations for his non-government organisation Sahara Trust.
He urged the court to "declare the notification [of Haq's appointment] as void, illegal, unjust, without lawful authority, arbitrary and against the law".
Elahi said that under the rules of PRCS, the management body had the power to make appointments. He further said that PRCS chairman could only be removed before the completion of the term if they submit their resignation to the president.
He added that his removal was also in violation of the fundamental rights provided in the Constitution, according to which "no one can be condemned unheard".
Citing 10-A of the rule book, the court inquired about the removal of PRCS chairman from Attorney General Anwar Mansoor.
Mansoor said that Elahi had not challenged his removal.
"Two separate notifications were issued to notify the removal and the new appointment. It is surprising that he got the notification of the new appointment but not of his own removal," he said.
"If the president has the authority to make appointments, he also has the authority to remove [employees]," he added.
“How the government could remove the chairman despite rule being present,” Justice Minallah questioned.
The court suspended the notification of Haq's appointment and issued notices to President Arif Alvi, secretary cabinet division, secretary national health service and Haq, all of whom have been named as respondents, and demanded a written response.
The hearing of the case was adjourned till November 29.
Earlier, Haq was stopped by the guard when he arrived at PRCS to take charge of his office.