Petitioner’s counsel contended that Section 202 of the Company Ordinance 1984 empowers only the chairman to dismiss the CE. PHOTO: FILE
The orders were issued by a division bench headed by PHC Chief Justice Dost Muhammad Khan and comprising Justice Irshad Qaisar during the hearing of a petition filed by Pesco Chairman of the Board Hassamuddin Bangash.
Bangash’s counsel Shumail Butt contended that Section 202 of the Company Ordinance 1984 empowers only the chairman to dismiss the CE. He said the prime minister’s order to sack Sadozai was in violation of the ordinance.
Butt added that because the court had upheld petitions aimed at stopping the government from privatising Bank of Khyber and Steel Mills, it should similarly stop the prime minister from interfering in Pesco’s affairs.
The bench observed the CE’s replacement was based on political consideration as opposed to public interest and issued orders preventing the prime minister from replacing Sadozai until March 14. The bench added the election commission had banned such practices because elections were to be announced in the near future.
Justice Khan maintained Article 199 of the Constitution stated any state functionary, including the prime minister, could be prevented from taking actions Ashraf was attempting to.
Notices were also issued to concerned respondents including the federal government and the deputy attorney general was asked to submit a reply at the next hearing.
Published in The Express Tribune, March 8th, 2013.
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