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Appellate Tribunal Inland Revenue (ATIR) chairman has raised jurisdictional objection before Peshawar High Court (PHC) that writ petition against removal of ATIR chairman is maintainable at Islamabad High Court.
It is reliably learnt that PHC has issued notices to the PM Office and Ministry of Law in a constitutional petition for removal of Shahid Masood Manzar from the post of Chairman ATIR.
Earlier, PHC has also summoned ATIR chairman to appear in person before its division bench. Ministry of Law and Justice commented before PHC that they have no independent source for verification of character, criminal record and other antecedents of new appointees including members & chairman ATIR.
When contacted office-bearer of Hazara Bar Association, Mudassir Malik Advocate, who represented the case before PHC, told this correspondent that on the issue of appointment of a person as judge in country's judicial system, a five Judges bench of Supreme Court of Pakistan in CP No 29 and CP No 805 has categorically held that to become a judge under Article 193 of the Constitution of Pakistan, 1973. Advocate should be a man of integrity and may not know law, but may be upright in character. Those who perform the function of the Judges or Chief Justice must be not only men of deep insight, profound knowledge of the Shari'ah, but they must also be God-fearing, forth right, honest, sincere men of integrity.
So far as dispensing of justice is concerned, you have to be very careful in selecting officers for the same. You must select people of excellent character, superior calibre and meritorious record.
The petitioner urged before the PHC that notifications, appointing the above mentioned official, to hold the Public office as Judicial Member and thereafter as head of quasi judicial institution in BS-22 as Chairman ATIR, are illegal and of no legal effect, petitioner accused.
Petitioner further pleaded before the court that public office holder may be de-seated/removed from the post with return of benefits already enjoyed.
PHC order states, the learned counsel for respondent No 1 raised objection on maintainability of the present petition by stating that the cause of action accrued to the petitioner at Islamabad whereas respondent No. 1 is also serving at Islamabad as chairman Appellate Tribunal Inland Revenue, therefore, the present petition filed at Peshawar is not maintainable.
The counsel for petitioners seeks time in order to address the question of maintainability raised. The case has been adjourned to 24th Sep, PHC ordered.

Copyright Business Recorder, 2019

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