LHC strikes down federal notification restraining accountability judge

Mian Shafi had challenged his removal from accountability court. LHC seeks a reply from federation within 2 weeks.

LAHORE: Justice Ijaz Ahmad of the Lahore High Court struck down a federal government notification restraining Mian Muhammad Shafi to serve as a judge of accountability court no: IV, in Lahore on Thursday.

Justice Ahmad had admitted a petition by Mian Shafi challenging his removal and has also sought a reply from the federation within two weeks.

The petitioner's counsel Raja Abdur Rehman submitted that the petitioner was serving as a district and sessions judge when on February 19, 2011 he was appointed as judge of accountability court for three years. The counsel said that the petitioner had retired on April 20, 2012, as a district and sessions judge but it did not affect his his tenure as an accountability court judge under section 5-A of the NAB Ordinance.

The counsel said that on May 24, 2012, that through a notification, the charge of his accountability court had been entrusted to another accountability judge, Justice Ahmad Nawaz Ranjha. Mian Shafi maintained that this notification was against the law as the petitioner had to complete his tenure of three years as an accountability judge.

He submitted that in light of precedent set by the Supreme Court judgment in the Asfandyar Wali Case, the petitioner was entitled to complete his tenure as an accountability judge.

He requested that the court declare the notification appointing Justice Ranjha to his court as illegal and till decision of this petition, it’s operation should be suspended and the petitioner be allowed to resume his office.