Daily Times

Justice Ali Akbar Qureshi of Lahore High Court on Friday suspended a notification of Punjab caretaker government regarding termination of 10 assistant advocate generals (AAGs) and ordered to reinstate all these law officers.

The judge also directed the law secretary to submit a detailed reply on the matter within two weeks.

These terminated AAGS included Barrister Bushra Saqib, Barrister Ameer Abbas Ali Khan, Barrister Asjad Saeed, Amar Sanaullah, Tariq Mahmood Butt, Ahmad Hassan Rana, Muhammad Tariq Nadeem, Asif Afzal Bhatti, Chaudhry Jawad Yaqub and Khalid Masood Ghani.

They were appointed by the former government by claming that the impugned notification said these AAGs were appointed in derogation of the Election Commission of Pakistan (ECP) ban.

The judge was hearing a petition moved by the AAGs appointed by the former government of Shahbaz Sharif.

AAG Shan Gul while opposing the petition said that the process for the appointment of all these law officers was initiated and completed much before the ban on fresh appointments imposed by ECP in April, 2018. He pointed out that the petitioners’ appointment was issued after the ECP’s ban only.

He submitted that the impugned decision had been taken on the reservation shown by the ECP.

The judge after hearing both sides, suspended the operation of the impugned notification and restored the petitions to their posts.

Earlier, the petitioners counsel Shahzad Shaukat had taken the plea that the caretaker government, under Election Rules 2017, could only transfer or shuffle public officials after the approval of the ECP. He said that the caretaker government had no mandate to terminate the petitioners.

The counsel submitted that the process for the appointment of the petitioners was initiated in 2016 and they underwent a series of interviews and scrutiny before being shortlisted for the posts and they were all appointed for a probation period of six months and their services were to be regularised on the basis of their performance.

He said that the caretaker government acted beyond its jurisdiction as its only taks was to ensure fair and free election only. He also said the ban on the fresh appointments by the ECP did not apply on such posts.

He requested to declare the petitioners as null and void.

Published in Daily Times, June 23^rd 2018.