LAHORE: The Lahore High Court has expressed concern over political appointments of the law officers in the office of the Advocate General of Punjab (AGP) and sought assistance of lawyers on the judgments of the Supreme Court that enshrine recruitment on permanent posts after a due process.

“The court’s concern is that appointments in the office of advocate general should not be politically motivated as is ordained by the Constitution in Article 17(2),” Justice Shahid Jamil Khan observes in a written order of a hearing on a petition challenging appointments of two additional advocate generals.

Advocate Noshab A. Khan argued on behalf of petitioner Afzal Azeem Pahat that respondents Umair Khan Niazi and Anees Hashmi were holding offices of the Insaf Lawyers Forum, the lawyers’ wing of the Pakistan Tehreek-i-Insaf, at the time of their appointment as additional advocate generals on Dec 7, 2018.

Referring to a SC judgment, the counsel said the offices of the additional and assistant advocate generals fell in the definition of service of Pakistan under Article 240 of the Constitution. He said a person in service of Pakistan could not be a member of any such association or political party.

Representing the office of the AGP, Additional Advocate General Asif Bhatti told the court that as per his instructions the respondents had resigned from the offices of the ILF. However, he had not denied that at the time of appointment the respondents were holding the offices.

The law officer said the posts of assistant and additional advocate generals were pleasure posts. However, he had not denied that both offices were permanent and fell within the service of Pakistan.

The judge observes that it was not disputed that these posts were filled without any advertisement or competitive process for recruitment.

The law officer argued that being pleasure posts such requirements were not imperative.

Justice Khan would resume the hearing on Dec 22 when the petitioner’s counsel and the law officer would render their assistance on the judgments by the apex court on the matter. Notices have also been issued to the respondent law officers.

Published in Dawn, December 16th, 2021