The Islamabad High Court on Wednesday rejected a petition challenging the appointment of Advocate General for Islamabad Capital Territory (ICT). A single-member bench headed by Justice Athar Minallah resumed the hearing of the petition filed by Muhammad Ashiq Bhatti through his counsel Advocate Yasir Mahmood Chaudhry, pleading to declare the said appointment null and void as it was made violating Article 140 of the Constitution of Islamic Republic of Pakistan 1973.
During the course of proceeding, the court asked the petitioner for the copy of the notification issued for the appointment of the AG for the ICT, upon which the petitioner replied that the copy was available on the website. The court ruled that the petitioner failed in providing the relevant documents to the court hence the petition stands dismissed.
The court remarked that the petitioner relied on a news clipping published in a local newspaper regarding the appointment of the AG instead of providing relevant documents to establish the case. The court said that the petitioner could file the petition by attaching the appointment notification of the AG which was not annexed with the present petition.
It is pertinent to mention that President Mamnoon Hussain, on the advice of the Prime Minister has approved the appointment of Mian Abdul Rauf, as Advocate General (ICT) along with the establishment of the Office of the Advocate General of ICT. Earlier, the petitioner prayed before the court that the operation of the impugned appointment and working of Advocate General may graciously be suspended, until and unless the appropriate legislation/amendments are not carried out by the Parliament, during pendency of the instant writ petition.
He further prayed before the court to direct Secretaries Ministry of Law and Establishment Division to produce the notification of Advocate General's Appointment before the Court. The petitioner questioned that whether the Constitution of Pakistan, 1973 allows the Appointment of Advocate General in ICT, adding that according the Article 140 of the Constitution 1973, only the Governor of a Province shall appoint the Advocate General.
He contended that advocate general can only be appointed in the provinces not in the ICT (Islamabad Capital Territory), because the Government has yet not given ICT (Islamabad Capital Territory) the status of a province. The petitioner stated that the appointment is without jurisdiction, illegal, unlawful, arbitrary and against the law and facts prevalent on the ground cannot be termed as legal having no force of law.
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