LAHORE: A larger bench of the Lahore High Court on Tuesday upheld Punjab caretaker government’s decision of sacking 97 law officers appointed by government of Pakistan Tehreek-e-Insaf (PTI).

The bench also declared removal of Advocate General Punjab Ahmad Awais by the caretaker setup as legal. The bench further declared re-appointment of 19 law officers recruited during Hamza Shehbaz government as null and void.

The bench; however, ruled that 36 law officers appointed during caretaker government will keep working on their posts. The bench passed these orders on a petition of Ahmad Awais.

The five-member larger bench of LHC was headed by Justice Ali Baqar Najafi and also comprised Justice Abid Aziz Sheikh, Justice Shahid Karim, Justice Asim Hafeez and Justice Anwaar Hussain. The bench allowing the petitions partially passed the interim order for the reasons recorded later with a majority of four with a dissent note of Justice Asim Hafeez.

Earlier, the petitioner argued that the caretaker government had no powers to terminate the advocate general as it was not an elected setup. He said a caretaker government could not perform functions of an elected government as it was formed to assist the Election Commission of Pakistan (ECP) to hold fair and free elections only. The petitioner asked the court to set aside the removal of Advocate General being unlawful.

A legal advisor of the Election Commission of Pakistan (ECP) told the court that removal of Advocate General of Punjab (AGP) was in conformity with its guidelines issued to the caretaker government.

He further stated that the caretaker governments of Punjab and Khyber Pakhtunkhwa (KP) were directed to ensure immediate termination of services of all heads of institutions appointed on political grounds.

A law officer representing the government also argued that the appointment of advocate general was made by the governor on the advice of chief minister. He said under Article 105 of the Constitution the caretaker chief minister could form his cabinet. He argued that the advocate general could be removed without a prior notice even. He pointed out that the advocate general of KP was also removed without a notice.

He argued that there had to be a relation of trust between the government and its advocate general. He said the petitioner AGP Awais was closely associated to a political party.

Through a notification issued on Jan 24, the caretaker government had removed AGP Awais and assigned a look-after charge to Additional Advocate General Muhammad Jawad Yaqoob.

The court on February 2 had suspended an order of caretaker government of removal of 97 law officers appointed during the tenure of PTI government. The court had also directed all law officers to resume their jobs and appear before courts.

Expressing resentment over non-appearance of the law officers, the court said, the judiciary was unable to work for four days. No one cares about the people whose cases are pending in courts, the court added.

The law secretary had barred the 97 law officers, including 32 additional and 65 assistant advocate generals, appointed by the PTI government from working after the approval of interim cabinet. The court had suspended a notification issued by the provincial government to remove Advocate General Punjab (AGP) Ahmad Awais and reinstated him to his office.

Copyright Business Recorder, 2023