October 26, 2007	Friday	Shawwal 13, 1428

PESHAWAR, Oct 25: The Peshawar High Court, objecting to the appointment of an unqualified person as director-general of the provincial prosecution services, has asked the NWFP chief secretary why had a man having no knowledge of legal issues been given charge of the key post.

A division bench comprising Chief Justice Tariq Pervez Khan and Justice Qaim Jan Khan on Thursday observed that the official in question, Peerzada Khan, was neither a lawyer nor a retired judge but was given the key legal position.

Turning to Mr Khan, the chief justice said: “How and why has the chief secretary appointed you on this post when you don’t know anything about law?” He added that perhaps even the chief secretary did not know as to who should be appointed on which position.

The bench was hearing a writ petition filed by the Peshawar Electricity Supply Company (Pesco) against the government and some union council nazims and councillors.

The petitioner had challenged the deletion of section 7 of the Anti-Terrorism Act by the prosecution from an FIR registered against nazims and councillors charged with heading a mob which attacked the property of Pesco during a protest demonstration.

The court had summoned the director-general to explain the government’s position on the issue.

The chief justice asked him why an important section had been deleted from the FIR. The latter could not offer any reason, saying that he was not aware of the law.

He said that he was only a provincial civil services officer. On this the bench observed that under the Prosecution Services (Constitution, Function and Power) Act, 2005, the director-general and the district prosecutors enjoyed vast powers.

The present director-general was serving as the political agent of a tribal agency when he retired from government service in July. The then provincial government hired him on a contract basis for two years and appointed him as director-general of the prosecution services on August 14.