LAHORE, Jan 23: Never in the recent history known to the lawyers community in Lahore, the appointment of the advocate-general has so been delayed as to reach closer to sacrificing this constitutional obligation on the altar of political considerations.
The advocate-general is a constitutional office without whose presence, legal experts understand, the formation of the province cannot be deemed as complete. The office fell vacant in the third week of November when incumbent Syed Shabbar Raza Razvi and seven others were elevated as judges of the Lahore High Court.
Article 140 of the constitution provides for the provincial governor to appoint a person, who is eligible to become a high court judge as advocate-general in consultation with the chief minister.
As principal law officer of the province, the advocate-general is obliged to render advice to the government on legal matters and perform such a duty as the government may assign him or her from time to time.
The provincial government has to rely on the AG's advice as a confidant who represents and defends it in superior courts in criminal matters, in matters relating to public importance and public nuisance, contempt of court and issues involving interpretation of the constitution.
Under article 111 of the constitution, the AG shall have the right to sit in the provincial assembly, participate in its proceedings, make address to explain legal aspects of a government policy or legislation and be included in an assembly committee as a member to render it legal assistance. The AG has all the rights of an elected member except the right to vote.
The Legal Practitioners and Bar Councils Act, 1973, stipulates another role for the advocate-general. He or she is also the ex-officio chairperson of the provincial bar council and has a right to issue election schedule and conduct polls as ex-officio returning officer and sign the council notifications from time to time.
One of the constitutional duties performed by Syed Shabbar Raza Razvi immediately before his elevation to the bench, was that he issued on Nov 6 a revised election schedule after the ordinance promulgated on Nov 3 to amend the Legal Practitioners and Bar Council Act. When the elections were actually held on Dec 20, the process was presided over by officiating advocate-general Mohammad Haneef Khatana.
The important office is vacant for more than two months now because the chief minister has not so far given his advice to the governor for appointment. The chief minister, according to sources, seems to be in a dilemma to make his recommendation from out of a good number of aspirants, including Mr Khatana, who is understood to be performing his obligation to the satisfaction of the provincial government.
Senior lawyer Mohammad Saleem Sehgal, former advocate-general during the Nawaz Sharif period Ashtar Ausaf Ali, twice AG before Maqbool Elahi Malik, deputy attorney-general Dr. Danishwar Malik, federal government's standing counsel Tariq Shamim, assistant advocate-general Raja Abdur Rehman, former NAB prosecutor Naveed Rasool, ex-Lahore High Court Bar Association president Jahangir A. Jhojha and Lahore Bar Association ex-president Alamgir are some of the others in the run for the coveted office.
All the aspirants are well connected in the political hierarchy or are favourites of the bureaucracy and this seems to be the difficulty of the chief minister to send one name to the governor. Nevertheless, political consideration hardly justifies inordinate delay in meeting the constitutional requirement.
