LAHORE: The Lahore High Court on Wednesday sought a written reply from the provincial government about appointment of a former parliamentarian as Punjab chief information commissioner.
Challenging appointment of former MNA Naseer Ahmad Bhutta, Advocate Chaudhry Shoaib Saleem argued that the impugned appointment had been made purely on political basis.
He said Mr Bhutta was elected as MNA from Lahore in 2008 on PMLN`s ticket, which clearly showed that he had a long and very close association with the ruling PML-N led by ousted prime minister Nawaz Sharif.
He said the respondent was also president of PML-N Lawyers Forum and two days before his appointmentas the chief information commissioner he resigned from the post of additionalattorney general.
The lawyer also pointed out that a number of applications under right to information were pending with the chief information commissioner and being a political head of the commission, the respondent (Bhutta) could hamper access to information in important cases.
He argued that, under section 5 of the Punjab Transparency and Right to Information Act 2013, the commissioner shall not hold any other public ofñceoranyotherofñceofproñtorbe connected with any political party. He said the chief information commissioner should have the qualification to be appointed as judge of a high court.
The lawyer alleged that the government appointed Mr Bhutta in order to gain certain political designs. He urged the court to set aside theimpugned appointment being illegal and without lawful authority.
Representing the government, Additional Advocate General Anwaar Hussain opposed the petition saying the office of the President of Pakistan was also non-political but every incumbent had affiliation to any political party. He referred to famous Al-Jihad Trust judgment by the Supreme Court regarding appointment of superior court`s judges and said there was no bar on the appointment of a political person as judge. He argued that the petition should be dismissed being not maintainable.
However, Chief Justice Syed Mansoor Ali Shah observed that the questions raised in the petition regarding `political affiliation` needed to be interpreted. The CJ directed the law officer to submit detailed reply of the government by Nov 13.