President can’t reject PM’s advice a second time: AGP

AGP argues that president appoints a governor on the advice of the premier in accordance with the constitution

ISLAMABAD:

The Islamabad High Court (IHC) on Wednesday asked the attorney general for Pakistan (AGP) to explain how the power and function of a president were different.

A three-member larger bench of the IHC comprising Chief Justice Athar Minallah, Justice Aamir Farooq and Justice Mohsin Akhtar Kayani heard a plea filed by former Punjab governor Omar Sarfraz Cheema against his removal from the post.

The AGP argued that the president appoints a governor on the advice of the premier in accordance with the constitution.

He contended the Constitution cannot say that the president removes the governor the very next date after his appointment, adding that the powers and functions of president’s office were the same.

The AGP said when the premier sends a recommendation for an appointment to the president he can either approve or return it. However, the president has no other authority other than approving the advice when it is sent to him for the second time, the AGP further said.

The court asked the AGP to assist it on the point that how the will of president was different from his discretionary powers and sought the amendments made in the Constitution since 1973 in the form of a chart on the issue.

Petitioner’s counsel Dr Babar Awan prayed the court to adjourn the case for the day, saying he had to go to the Supreme Court. He said he would give counter arguments the next day.

The court adjourned the case till Thursday (today).