The appointment of a lawyer as a court auctioneer has been challenged in the Islamabad High Court (IHC) by senior IHC Bar Association members.
On May 28, the IHC administration appointed Advocate Amir Touseef Azam Bhatti to auction properties attached by the subordinate judiciary.
According to a petition filed by former bar association president Niazullah Niazi and others, the May 28 notification empowering the lawyer to auction millions worth of property did not refer to any legal provision under which the appointment was made.
The petition pointed out that under Rule 65 of the Civil Procedure Code (CPC), a judge of a civil court or banking court can appoint lawyers as auctioneers as-and-when required. “This is a judicial process and the court initiating auctions take decisions on whether the auction is to be conducted by the court itself…or to appoint any other person,” the petition said, adding that “the notification amounts to interference in the judicial process.”
It said that proper procedure was not adopted before the appointment and other advocates practicing in Islamabad were not given an opportunity to compete for the position.
The petition contended that the state functionaries are expected to act fairly and justly in a manner which should not give anyone any cause for complaint on account of discrimination or otherwise.
It further said the appointment violated the right of the petitioners under Article 25 of the constitution, which guarantees equal treatment to all.
The petition also states that Bhatti has been accused of receiving kickbacks from a private contractor for granting permission to run a cafeteria in the IHC premises. It further alleged that the court auctioneer had defaulted on a loan from a private bank and a case for recovery was ongoing in a local banking court.
Published in The Express Tribune, October 5th, 2014.
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