PESHAWAR: Plea against removal of govt counsel admitted
By Bureau Report
PESHAWAR, June 16: The Peshawar High Court on Wednesday admitted for hearing a writ petition challenging the removal of an additional advocate general by the provincial government without the consent of the governor.
A two-member bench comprising the court's chief justice Mian Shakirullah Jan and Justice Qaim Jan Khan put the attorney general of Pakistan and the NWFP advocate general on notice to assist the court on certain constitutional points involved in the petition.
The bench directed the provincial law department to file comments in reply to the petition within a fortnight. The provincial government had relieved three additional and five deputy advocates general of their duties through a notification on March 6.
The writ petition is filed by a former additional advocate general, Ms Mussarat Hilali, stating that the government had no authority to relieve them without the approval of the NWFP governor.
Barrister Zahoorul Haq, appearing for the petitioner, argued that the appointing authority of an advocate general was the governor of the province and only he could relieve him or her.
He added that under article 140 of the Constitution, the governor was empowered to appoint an advocate general and the advocate general should hold office during the pleasure of the governor.
Mr Haq contended that the additional advocate general worked in the same capacity as that of advocate general and the appointing and removing procedure was the same.
He referred to article 263 of the constitution, arguing that words mentioned as singular should include plural, therefore, the advocate general also include the additional advocates general.
The petitioner's counsel added that as the petitioner was appointed by the governor, therefore only he could order her removal. He added that in the present case the governor was not taken into confidence while dispensing with the services of the petitioner.
The NWFP advocate general Barrister Jehanzeb Raheem stated that under the Government of NWFP Rules of Business, it was the discretionary powers of the governor to appoint and remove an advocate general.
He supported the contention of Barrister Zahoorul Haq that the functions of the additional advocate general and an advocate general were identical. Advocate Essa Khan, appearing for the law department, also tried to put forward some arguments, but the bench stopped him from advancing arguments, observing that notice had yet to be issued to the provincial government.
The provincial law department has already informed the advocate general Barrister Jehanzeb Raheem that a private counsel would represent the department instead of him. The government suspects that the advocate general might concede that the impugned notification was unconstitutional and illegal.
The government had earlier tried to replace the advocate general with an advocate affiliated with Jamiat Ulema-i-Islam (Fazl), a component of the ruling Muttahida Majlis-i-Amal (MMA), but the NWFP governor had declined to give approval to that move as Barrister Jehanzeb is considered very competent and has safeguarded the interest of the province in various cases before the Supreme Court and the high court.
Through the impugned notification eight law officers were removed and in their place 10 others were appointed, most of whom are believed to be members of Muttahida Majlis-i-Amal.
