KARACHI, July 28: The Sindh High Court has been approached for the removal of the officiating advocate-general. According to Advocate Manzoor Hussain Ansari, vice-president of the Khairpur Bar Association, the advocate-general must be qualified to be appointed a high court judge under Article 140 of the constitution.
A high court judge retires at 62 and no person above that age is qualified to serve as a judge of the high court. Acting AG Masood Ahmed Noorani is 65 and is not, therefore, eligible for appointment as the principal law officer of the province.
The petitioner-lawyer said Mr Noorani held the substantive office of additional advocate-general at Hyderabad before his appointment as acting AG. However, under the Sindh Law Officers (Conditions of Service) Rules, 1940, an additional AG cannot hold the office after attaining 60 years of age. The acting AG cannot work either as additional AG or as acting AG under the law.
He contended that Advocate-General Anwar Mansoor Khan was forced to proceed on leave and replaced by Mr Noorani as he (the AG) was opposed to the reference against Chief Justice Iftikhar Mohammad Chaudhry.
Advocate Ansari requested the court to issue a writ of quo warranto requiring the acting AG to show the authority under which he sought to hold the office.
He claimed that another additional AG and three assistant advocates-general were also hit by the retirement rule and they should also be issued writs of quo warranto in accordance with the law.
