ISLAMABAD, July 3: Justice Saqib Nisar, judge Lahore High Court, on Monday issued “pre-admission notice” to the federal government on a writ petition challenging the appointment of Justice Irshad Hasan Khan as Chief Election Commissioner.

The petitioner, Pakistan Lawyers Forum, headed by Advocate A. K. Dogar in his petition, relied on the resolution of Pakistan Bar Council, in which it had said that the appointment of Justice Irshad Hasan Khan as Chief Election Commissioner was “an insult to the constitutional post responsible for holding free and fair elections in the country.”

The writ petition, filed under Article 199, 2 (A) was taken up at the principal seat of Lahore High Court, Lahore on Monday. Justice Saqib Nisar, after hearing A.K. Dogar, issued pre-admission notice.

The petitioner contended that Justice Irshad Hasan Khan, was appointed CEC for validating military take-over under the doctrine of state necessity. It was contended that it was unthinkable that a person who was openly favouring the government would hold free, fair and impartial election.

The petitioner has impleaded Chief Executive Gen Pervez Musharraf, Federal Government and Justice Irshad Hasan Khan, CEC as respondent.

The petitioner stated that present CEC could not be expected to hold, free, fair and impartial elections.

The petitioner stated that the president, could appoint the chief election commissioner, under his discretion but the discretion should be used in accordance with the law of the land.

The CEC, the petitioner, stated was controversial figure and it was evident from the fact that he was not even given traditional full court reference at the time of his retirement from the judiciary.

The petitioner stated that for the establishment of a stable elected government, the Election Commission must be manned by a person of unimpeachable reputation.

The petitioner demanded that the notification of appointment of Justice Irshad Khan as CEC be rescinded forthwith. As an interim measure, the petitioner demanded that operation of the notification, appointing CEC, should be suspended during the pendency of the petition.