‘Appointment of ineligible person’: LHC issues notices to PM, others

ISLAMABAD: Lahore High Court (LHC) has issued notices to Prime Minister Shehbaz Sharif, Secretaries Establishment & Law Divisions, Chairmen of Federal Public Service Commission, Federal Board of Revenue and Mian Tauqeer Aslam, over the alleged appointment of an ineligible person as Judicial Member/ Chairman in Appellate Tribunal Inland Revenue (ATIR).

It is reliably learnt that a constitutional petition has been moved before LHC through Shahbaz Butt, Ch Anwaar Ul Haq, Tahir, Tahir Mahmood Butt and Khurram Shahbaz Butt. Through the petition, it has been accused that the appointment of Mian Tauqeer Aslam as Judicial Member of the ATIR vide Notification dated 13.02.2020, having about seven years of active practice as an advocate of the High Court is ultra vires to the law as after resignation, he was enrolled as an advocate with the Punjab Bar Council on 08.03.2006; however, he remained in service as Transaction Manager, Privatization Commission, Islamabad till March 2011.

Appointment of ATIR: IHC issues notices to PM, others

The petitioner states “whether a person having less than 10 years of active practice as an advocate of a High Court qualifies for appointment as a judge of a High Court in terms of clause (2) of Article 193 of the Constitution, whether such a person may be appointed as a Judicial Member of the ATIR, which is subjected to qualification for appointment as a judge of a High Court - 2013 SCMR 1140 Ch Anwaar ul Haq Arif Vs Federation, etc.

Appointment of a person as Judicial Member is subjective conditions of Article 193(2) of the Constitution which provides that a person shall not be appointed a judge of a High Court unless he has, for a period of, or for aggregating, not less than ten years, been an advocate of a High Court. In Ch Anwaar ul Haq Arif case (2013 SCMR 1140) the Apex Court while interpreting the provision of section 130 and Article 193(2) of the Constitution observed the same.

The LHC order states: “This petition is in the nature of quo warranto.” It is contended by learned counsel that as per Section 130 (3) of the Income Tax Ordinance, 2001, only a person who is qualified to be appointed as Judge of the High Court can be appointed as Judicial Member of the Appellate Tribunal Inland Revenue. The respondent lacks the requisite ten years active practice, thus, is not entitled to be appointed against the post in question.

Contentions raised need consideration. Let notice be issued to respondents, with directions to file report and para-wise comments, as to reach this Court by the next date of hearing. The case has been re-listed for July 20, 2023, LHC ordered.

Copyright Business Recorder, 2023