The verdict was reserved by the single-member bench of the Islamabad High Court (IHC), comprising Justice Mohsin Akhtar Kiyani, as it heard a petition filed by the Islamabad Metropolitan Corporation (IMC) Mayor Sheikh Anser Aziz.
Appearing before the court on behalf of the federal government during Thursday’s hearing, Islamabad Advocate General (AG) and Assistant Attorney General (AAG) Barrister Mumtaz said that Adviser to the Prime Minister on Capital Development Authority (CDA) Affairs Ali Nawaz Awan, was not amongst the first three names proposed for chairing the body. He added that Awan’s name rose to the top when the first three candidates recommended for the slot were rejected.
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“His name was included in the second list as the fourth nomination,” Mumtaz told the court.
He further contended that the government reserved certain powers for appointing officials and that it was not necessary to advertise them.
Shah Khawar, who represented the LGC chairman, seconded Mumtaz, stating that the appointment of National Accountability Bureau (NAB) chairman and its prosecutor general is not advertised.
Meanwhile, the mayor’s counsel, Kashif Ali Malik, argued that there is a difference between nomination and appointment. He contended that the adviser had been deployed to the seat, and not nominated.
He cited the IHC's verdict in the case of the Pakistan Medical and Dental Council (PMDC) and maintained that the government did not have absolute powers.
At this, the Islamabad AG said that the government was given six months by the apex court in the Chief of Army Staff’s (COAS) appointment. Hence, he pleaded the court to follow the same course in this case and refrain from nullifying the adviser's appointment as the chairman.
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He further assured the court that if they are given some time, they will complete the appointment process as per the rules. The court asked the AG if this was the official stance of the federal government as well. However, Khawar replied that this was not the case.
Published in The Express Tribune, June 12th, 2020.
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