ISLAMABAD: The Lahore High Court (LHC) has summoned the Attorney General for Pakistan (AGP) to appear in person in a matter regarding appointment of Judicial Members (BS-21) by the Prime Minister on contract basis in Appellate Tribunal Inland Revenue (ATIR).
It is reliably learnt that in a constitutional petition moved before LHC, the AGP has been summoned by the LHC to explain the role of Prime Minister with the Constitutional Scheme and use of powers regarding appointment of Judicial Members on contract basis on sanctioned posts without any competitive process.
When contacted, tax lawyer Waheed Shahzad Butt told this correspondent that it is a landmark development in the LHC to question the role of Prime Minister to appoint Judicial Members in ATIR on contract basis against sanctioned posts and even without following the due process of law.
He claimed that the candidates have not completed the due process of the Federal Public Service Commission with the active connivance of the Ministry of Law and Justice.
Waheed Butt added that earlier on a similar type of petition the Islamabad High Court has directed the Ministry of Law and Justice to serve notices on 10 judicial members working on contract basis in a constitutional petition, wherein, their appointments have been challenged. The petition has named as respondents the Prime Minister, Ministry of Law, Federal Public Service Commission, 10 Judicial Members in ATIR, as well as, the Federal Government through Establishment Division. Contractual appointments of judicial officers cannot be made without advertisement and information to the public at large, hence, violative of Article 5, 10A, 18, 25 and thus, illegal and void ab-initio.
LHC order stated that the legal opinion of AGP on the piece of legislation is essential; therefore, his presence is necessary. The Legislation itself shows that Architect of this Provision wanted to use it, apparently for political purpose and exercise of power, thereafter, is supporting this view, when the Members are appointed on contract basis without any competitive process.
Appointment on a sanctioned post cannot be made on contract as is held by august Supreme Court in various judgments. All the powers regarding sanctioned posts of Members and mode of their appointment have been given to the Prime Minister with a rider that notwithstanding of any law and rules. Spirit of the Constitution when Articles 240 and 242 are read, is that the posts is connection with the affairs of Federation and Province should be filled through competitive process, LHC order added.
Copyright Business Recorder, 2023
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