Prosecutor general challenges withdrawal of powers

Punjab Prosecutor General Khaliquz Zaman Chaudhry has challenged in the Lahore High Court (LHC) the caretaker government’s two notifications restrained him from appearing before the courts withdrawing his administrative powers.

The petitioner sought directives to set aside the notifications issued on April 20 and May 11. He also requested the court to suspend the operation of both notifications till the disposal of the petition.

He contended in the petition that he had been appointed the prosecutor general by the Punjab government through a notification issued on August 12 last year for a statutory period of three years.

The petitioner contended that since the dissolution of the provincial assembly and appointment of the caretaker cabinet in Punjab, he had been repeatedly approached on behalf of the caretaker government with a demand to manage the affairs of the service in a manner aimed at achieving a particular target rather than ensuring transparent and independent investigation and prosecution of the offences.

The LHC directed the petitioner on April 12 to assist the court in a case.

The questions framed by the LHC in its order passed on April 12 pertained to the legality of inclusion of Section 7 of the Anti-Terrorism Act, 1997 in FIRs.

The Punjab governor promulgated the Punjab Criminal Prosecution Service (Constitution, Functions and Powers) (Amendment) Ordinance, 2023 on April 13, amending Section 6 of relevant act of 2006. The purpose of the amendment was obviously to remove the petitioner from the post, he contended.

The petitioner filed a plea in the LHC, contending that the law provided protection to him in respect of continuity of his initial terms and conditions. However, the government issued a notification in late hours the same day, whereby the petitioner was forbidden from appearing in any court on its behalf.

After the issuance of the notification, the petitioner sought directions of the court through a civil miscellaneous application on whether he should continue to appear and assist the court in pursuance of its order. The government then issued another notification on May 11, withdrawing the administrative work of the service from the petitioner.

Published in The Express Tribune, May 21^st, 2023.