PESHAWAR, March 20: A lawyer on Wednesday challenged the appointment of Justice (r) Tariq Pervez Khan as the Khyber Pakhtunkhwa caretaker chief minister in the Peshawar High Court, saying the provincial governor’s said act was unconstitutional.
Justice (r) Tariq was appointed the caretaker chief minister by the governor after consultation with the outgoing chief minister Ameer Haider Hoti and leader of the opposition Akram Khan Durrani.
In the petition, Mian Mohibullah Kakakhel said the appointment was against Article 207 of the Constitution that stated no retired judge of the Supreme Court should take any executive appointment or any other appointment mentioned therein unless a period of two years had lapsed.
He added that Justice (r) Tariq had retired only a month ago and had still been enjoying all facilities of a judge.
The petitioner said the appointment also violated Article 63 (1)(K) of the Constitution that reiterated the principle of Article 207.
He claimed that the caretaker chief minister was a political appointment and there was no distinction in duties of the caretaker or the regular chief minister and thus, the newly-retired judge of the Supreme Court entered the arena of politics also and it might also end up into a conflict with his own judiciary.
The petitioner claimed that lawyers at large were against the appointment of the former judges of the superior courts against the posts of chief minister or the prime minister.
He prayed the court that the notification of Justice (r) Tariq be set aside and that the former judges of the superior judiciary be directed not to accept any offer of appointment of the chief executive etc in future.
The petitioner requested the court to grant him interim relief by stopping Justice (r) Tariq from taking the oath of office of the caretaker chief minister.
However, that plea was not effective as the caretaker chief minister took oath of the office in the day.
The respondents in the petition are the Khyber Pakhtunkhwa government through the provincial chief secretary, the Khyber Pakhtunkhwa governor, the federation of Pakistan through the interior secretary and Justice (r) Tariq.