LHC upholds caretaker govt's appointment of law officers

Five-member bench gives majority 4-1 decision

LAHORE:

A five-member bench of the Lahore High Court (LHC) on Tuesday upheld, by a majority, the caretaker government’s appointment of law officers and dismissed petitions of the 97 law officers, including Advocate General Punjab  Ahmed Awais, appointed by the then PTI provincial government

However, the bench also set aside the notification of 19 new law officers who retained their offices in the last government headed by the then Chief Minister Punjab Hamza Shehbaz 

The five-member bench, headed by Justice Ali Baqar Najafi, was hearing several petitions wherein the act of removal of the law officers, appointed by the then PTI government, by the caretaker government had been challenged.

Four judges handed in the decision, with the majority upholding the decision of the caretaker government while Justice Asim Hafeez wrote his dissenting note.

Advocate General Punjab Ahmed Awais and other law officers had challenged their removal by the caretaker government contending they had been removed illegally by the caretaker setup.

On the other hand, the caretaker government’s representatives argued the former government’s appointees had been removed in accordance with the law.

The bench after hearing detailed arguments from all sides had earlier reserved the decision. 

Background

Confusion has taken hold in the office of Advocate General Punjab (IGP) regarding which law officers, either from the previous PTI government or the present caretaker setup will appear before the courts.

While Punjab’s caretaker government issued a notification appointing 53 law officers for their appearance before courts in government-related matters, the LHC’s judges restored the PTI-appointed law officers including Advocate General Punjab Ahmed Awais, suspending orders of their removal passed by the caretaker government.

Some judges of the LHC had also expressed their displeasure over the non-appearance of law officers before the courts. Justice Shahid Karim remarked that judicial work has been halted for the last few days owing to the non-appearance of the law officers. Who has restrained the law officers from appearing before the courts, asked Justice Karim. On another point, Justice Karim summoned in person the secretary law before the court to know the current situation.

It is worth mentioning that several law officers, including Advocate General Punjab Ahmad Awais, had challenged the caretaker setup's order through which they were removed. They contended that the caretaker government had no powers to terminate them and added that it could not perform the functions of an elected government as it was formed to assist the Election Commission of Pakistan (ECP) to hold fair and free elections only.

On the other hand, the caretaker government, after the cabinet's approval, issued a notification restraining AGP Ahmad Awais and other law officers of the previous government from appearing before courts in the present government’s matters.

As a result of which neither the law officers appointed by PTI in its tenure nor the present caretaker government could appear before the courts. Later, LHC’s Justice Muzamil Akhtar Shabir and Asim Hafeez sent the petitions to LHC’s Chief Justice Muhammad Ameer Bhatti for constituting a full bench on the matter. After that, CJ Bhatti constituted first a three-member bench and then a larger bench comprising five judges.