LAHORE: The Election Commission of Pakistan (ECP) on Tuesday told the Lahore High Court (LHC) that removal of advocate general of Punjab (AG) was in conformity with its guidelines issued to the caretaker government.
A legal adviser to the ECP further stated before the court 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.
Justice Asim Hafeez was hearing a petition of AG AhmadAwais challenging his removal.
The judge had conditionally restored Awais last week and sought replies from the caretaker government and the ECP.
The ECP adviser also presented a copy of the notification issued to the caretaker set-ups.
Asked as to why the point relating to removal of political appointments was added in the notification, the ECP counsel told the court that the same exercise was also done in the caretaker government formed before the general election of 2012.
The judge observed that the exercise referred to by the ECP counsel had not been witnessed during the general elections after 2012.
Justice Hafeez noted thatapparently the clause against political appointments had been included in the guidelines in the wake of the present situation.
On behalf of the provincial government, Advocate Mansoor Usman Awan argued that the appointment of the advocate general was made by the governor on the advice of the chief minister.
He said the caretaker chief minister could form his cabinet under article 105 of the Constitution.
The judge asked the counsel whether a caretaker chief minister could appoint the advocate general.
Advocate Awan said the attorney general for Pakistan was also appointed on the advice of the prime minister. He arguedthat the advocate generalcould 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 AG Awais was closely associated with a political party.
Justice Hafeez observed that whether the governor had also been removed as his appointment was also made on political grounds.
Advocate Awan said the president of Pakistan appointed a governor on the advice of the prime minister.
The judge will resume fur-ther hearing on Wednesday (today).
The counsel for AG Awais argued that the caretaker government had no powers to terminate the advocate general.
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.
He asked the court to set aside the removal of the advocate general being unlawful.
Through a notification issued on Jan 24, the caretaker government had removed AG Awais and assigned a look-after charge to Additional Advocate General Muhammad Jawad Yaqoob.