LAHORE: The Lahore High Court on Thursday directed an additional advocate general to explain whether the caretaker provincial government has the mandate to remove law officers appointed by the former government.

Justice Ali Akbar Qureshi was hearing a petition moved by 10 assistant advocate generals terminated by the caretaker government the other day.

Advocates Shahzad Shaukat and Khalid Ishaq argued on behalf of the petitioners/law officers and questioned the jurisdiction of the caretaker government to remove their clients.

The counsel stated that the caretaker government, under the Election Rules 2017, could only transfer or shuffle public officials, if considered expedient, after the approval of the Election Commission of Pakistan (ECP).

They said 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. They said the petitioners had been appointed for a probation period of six months and their services were to be regularised in light of their performance.

The counsel argued that the caretaker government acted beyond its jurisdiction as its job was to ensure free and fair election only. They further said the ban on the fresh appointments by the ECP did not apply to such posts.

On court’s call, Additional Advocate General Khalid Waheed appeared before it to represent the advocate general office in the case.

Justice Qureshi observed that the court would see whether an approval from the ECP had been sought by the caretaker government before removing the petitioners. Why the caretaker government took more than 20 days to take the impugned decision if the appointment of the petitioner-law officers was illegal, wondered the judge.

Justice Qureshi posed several queries to the law officer asking him to come up with their answers on Friday (today) without fail.

The assistant advocate generals removed by the interim government are: Barrister Asjad Saeed, Amar Sanaullah, Tariq Mahmood Butt, Ahmad Hassan Rana, Muhammad Tariq Nadeem, Barrister Bushra Saqib, Asif Afzal Bhatti, Chaudhry Jawad Yaqub, Khalid Masood Ghani and Barrister Ameer Abbas Ali Khan. They were appointed by the former government on May 26 and May 30 last.

The impugned notification said the assistant advocate generals were appointed in derogation of the ECP ban.

Published in Dawn, June 22nd, 2018