Ministry of Law and Justice has informed Peshawar High Court (PHC) that the former has no independent source for verification of character, criminal record and other antecedents of new appointees, including members & chairman Appellate Tribunal Inland Revenue (ATIR).
It is reliably learnt that the PHC had earlier issued notices to the office of Prime Minister and Ministry of Law in a constitutional petition filed by Peshawar-based citizen Irfan Habibullah Khan through Lahore and Abbottabad-based lawyers, for removal of Shahid Masood Manzar as chairman ATIR. Last chance was provided to the Law Ministry to submit comments while chairman ATIR was summoned to appear in person before the Division Bench of PHC.
Law Ministry (Law and Justice Division) through Para-wise comments stated before the PHC: "The petition has been filed with malafide and ulterior motives as it only serves the purpose of an interested person on whose behest the petition has been filed. The petition has been filed with malafide and ulterior motives having interest of a particular person who is otherwise not eligible to hold the office of chairman (BS-22), Appellate Tribunal Inland Revenue. The answering respondent has no independent source for verification of character, criminal record and other antecedents of new appointees. He has tried to waste the precious time of the court and demanded a huge fee from his client for the purpose.
The petitioner requested 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 and accordingly it may be cancelled and declared patently illegal, ab initio void and public office holder may be de-seated / removed from the post with return of benefits already enjoyed.
The petitioner also requested the court to restrain him from performing any judicial work and holding any public office and cancel his appointment's notification. The petitioner also prayed that public office holder chairman ATIR may also be restrained from performing any judicial work till the final decision of the subject petition.