PESHAWAR: A local lawyer on Tuesday moved the Peshawar High Court against the appointment of retired Justice Dost Mohammad Khan as the province’s caretaker chief minister, insisting the appointment is unconstitutional and violates the National Judicial Policy.

Syed Azizuddin Kakakhel filed the petition requesting the court to declare the caretaker chief minister’s appointment illegal and ask the respondents, including the country’s president and chief election commissioner, to fill the position in line with articles 62 and 63 of the Constitution.

He requested the court for interim relief by stopping the chief minister from functioning until the final disposal of the petition.

The petitioner said retired Justice Dost Mohammad Khan was appointed additional judge of the PHC on Sept 10, 2002, and thereafter elevated as permanent judge of the court on Sept 10, 2003. He said Dost Mohammad was appointed the PHC chief justice on Nov 17, 2011, and remained on that position until Jan 31, 2014.

The petitioner added that the caretaker chief minister was later appointed the Supreme Court judge on Nov 17, 2014, and retired from that position on Mar 20, 2018.

He said retired Justice Dost Mohammad was appointed the caretaker chief minister, who assumed the office on June 6, 2018.

The petitioner claimed that the office of caretaker chief minister was a political office and whenever a person was appointed on that post, he or she took oath under the Constitution.

He added that the caretaker CM was bound by the Constitution to fulfil the requirement given in articles 62 and 63 of the Constitution.

The petitioner said a person should be disqualified from being elected or being chosen as parliamentarian if he or she had been in the service of Pakistan or of any other statutory body unless a period of two years had elapsed since he ceased to be in service.

He also said under the National Judicial Policy, 2009, no retired judge of the Supreme Court should accept an appointment, which was lower to his status or dignity.

The respondents in the petition are caretaker chief minister, chief election commissioner of Pakistan, KP provincial election commissioner, KP government through its chief secretary, KP governor through his secretary, and president of Pakistan through his secretary.

Published in Dawn, June 13th, 2018