• Powers assigned to special public prosecutor challenged
• Nihang’s elevation leaves prosecution service without permanent head

ISLAMABAD: A day after the Judicial Commission of Pakistan (JCP) recommended Federal Prosecutor General Ghulam Sarwar Nihang for elevation as an Additional Judge of the Lahore High Court (LHC), the office of the Prosecutor General has become the centre of a legal and administrative tussle, pitting the service’s top leadership against a senior district prosecutor.

The JCP approved the nominations of 10 additional judges for the LHC, including Nihang, on July 21 during a meeting chaired by Chief Justice of Pakistan Justice Yahya Afridi. While Nihang has yet to be formally denotified from his current post, he has assigned the ‘look after’ charge of the Federal Criminal Prosecution Service to Special Public Prosecutor Manzoor Ahmad Jajja through a notification issued on July 23, 2026.

An office order issued by Federal Prosecutor General Ghulam Sarwar Nihang states that, in his absence, Jajja “shall be responsible for looking after the day-to-day affairs of the Federal Criminal Prosecution Service”. The order further authorises him to handle the distribution of cases among prosecutors before the Islamabad High Court, Supreme Court, and special courts, ensuring the smooth functioning of the service under the Federal Criminal Prosecution Service Act, 2023.

However, the decision has faced strong opposition from District Public Prosecutor Ch Muhammad Naseem Zia. In a detailed representation submitted to the Ministry of Interior, Zia challenged the legality of entrusting administrative powers to a Special Public Prosecutor (SPP).

Zia argued that the Federal Criminal Prosecution Service Act, 2023, does not empower an SPP with administrative authority. He described the position as that of a designated lawyer appointed to represent the government in specific cases rather than a permanent administrative role.

He contended that under Section 13 of the Act, a Special Public Prosecutor is appointed for cases requiring specialised expertise and is barred from making decisions regarding the filing or withdrawal of cases. He further asserted that the Act requires the Federal Prosecutor General to exercise certain powers personally, which cannot be delegated.

“The office of the Federal Prosecutor General is an important office in the criminal justice system, and the post of Federal Prosecutor General should be filled on a priority basis because keeping the said post vacant shall result in obstructing the administration of criminal justice,” Zia stated in his representation.

With Nihang’s elevation to the LHC considered imminent, the process awaits formal approval from President Asif Ali Zardari.

Government sources expressed hope that the approval would be granted in due course.

Government officials had reportedly considered bypassing the Presidency by invoking Clause 1 of Article 48 of the Constitution. However, sources within the Presidency said that, due to certain issues concerning the judges-designate, the President may exercise his discretion under Clause 2 of the same Article.

The government is expected to decide on the appointment of a regular Federal Prosecutor General soon.

Published in Dawn, July 31st, 2026