Separation of powers?: Appointment of caretaker chief minister challenged in Peshawar High Court

Advocate Mian Muhibullah Kakakhel maintains it violates Article 207 of the constitution.

PESHAWAR:

The appointment of newly sworn-in Khyber Pakhtunkhwa (K-P) Caretaker Chief Minister Justice (retd) Tariq Parvez was challenged at the Peshawar High Court (PHC) on Wednesday.

Advocate Mian Muhibullah Kakakhel challenged the appointment, but the hearing could not be held due to the strike being observed by lawyers over Monday’s attack on the Judicial Complex.

The writ petition, a copy of which is available with The Express Tribune, maintained the appointment of a recently retired Supreme Court judge nullifies the principle of separation of powers between the judiciary and the executive.

Kakakhel contended that Tariq’s appointment violates the mandatory provision of Article 207 of the Constitution, which states retired judges of the apex court shall not take up any executive appointment within the first two years of retirement.

The petition added that since all writ petitions filed against the K-P government end up with the chief executive (the chief minister), who happens to be a newly retired judge in this case, the principle of fair play under Articles 4 and 25 of the Constitution is violated.

The petitioner said the judge himself should have refused the offer.

Kakakhel requested the court to accept the writ petition and declare Tariq’s appointment as caretaker CM illegal.

However, Advocate Muhammad Ayaz Legal refuted Kakakhel’s claim, saying Article 207 does not bar judges from assuming an executive office. The ban is imposed on joining the services of Pakistan and not on the office of the chief minister, senator or advisor, he added.

Published in The Express Tribune, March 21^st, 2013.