PESHAWAR, June 2: A two-member bench of the Peshawar High Court on Wednesday put the NWFP advocate-general on notice in a petition challenging the removal of an additional advocate-general by the government allegedly without the consent of the governor.
The bench comprising Justice Shahjehan Khan and Justice Dost Muhammad Khan directed that the advocate-general should ascertain whether the governor's consent was taken before the law department issued the notification relieving the AAG.
Through the impugned notification the provincial government had relieved three additional and five deputy advocates-general. The petition has been filed by a former additional advocate-general, Mussarat Hilali, who said the government did not have the authority to issue the notification without first seeking the governor's approval.
Appearing for the petitioner, Barrister Zahoorul Haq contended that Ms Hilali was appointed by the NWFP governor and therefore, the governor was the competent authority to relieve her.
He said the act of the provincial government was violative of Article 129 of the constitution and the General Clauses Act. The governor, he added, was not taken into confidence while the petitioner's services were dispensed with. Through the March 6 notification, the government had relieved three additional and five deputy advocates-general.