ISLAMABAD: The Islamabad High Court has decided to examine presidential powers and asked the attorney general for Pakistan (AGP) to explain these powers in the light of constitutional provisions and judgements of the superior courts.

A three-member IHC bench comprising Chief Justice Athar Minallah, Justice Aamer Farooq and Justice Mohsin Akhtar Kayani made the observation on Wednesday during the hearing of a petition filed by sacked Punjab governor Omar Sarfraz Cheema seeking his reinstatement.

AGP Ashtar Ausaf argued that the governor’s office commanded respect and since his job was conditional on the “pleasure” of the president, the governor could not file a petition for his reinstatement, as continuing in the office was not his vested right.

The AGP told the court that “pleasure” was different from the inherited powers of the president.

However, Mr Cheema’s counsel Babar Awan cited Clause 3 of Article 101 of the Constitution, which says: “The governor shall hold office during the pleasure of the president [and shall be entitled to such salary, allowance and privileges the president may determine.”

He also argued that the Constitution had defined the removal of the governor and referred to Clause 4 of the article: “The governor may, by writing under his hand addressed to the president, resign his office.” He said a governor could quit his job by tendering resignation or he could continue until the pleasure of the president.

AGP Ausaf argued that the “pleasure” did not have the overriding effect on the premier’s advice and explained that Article 48 of the Constitution made it mandatory for the president to “act in accordance with the advice of the cabinet [or the prime minister]”.

The IHC bench asked Mr Ausaf to explain the “doctrine of pleasure” with reference to the legal precedents and Constitution.

The court observed that since Punjab was being run without a governor, the court would decide this matter expeditiously.

Published in Dawn, May 26th, 2022