| Case ID |
39b59436-2158-4949-924c-6962c26a0456 |
| Body |
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| Case Number |
Writ Petitions Nos. 5324, 5343, 5055 and 6545 of 2 |
| Decision Date |
Feb 14, 2023 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the removal of the Advocate General Punjab and other law officers as per the notifications dated 24.01.2023. The court found that the caretaker government had the authority to make such removals under the Elections Act and the Constitution, particularly to ensure free and fair elections. However, the appointment of new law officers was set aside if they previously held positions in the political government preceding the last government, ensuring that the caretaker government operated within the legal framework without bias or political influence. |
| Summary |
This case involves the Lahore High Court's decision regarding the removal and appointment of law officers by the caretaker government of Punjab. The court addressed the powers of the caretaker government under the Constitution and the Elections Act, specifically focusing on the need for impartiality in the administration of elections. The decision emphasized the caretaker government's role in ensuring free and fair elections while adhering to legal processes. The judgment is significant for understanding the legal constraints on caretaker governments in Pakistan, especially regarding appointments and removals that could influence electoral integrity. This case is relevant for legal scholars, practitioners, and policymakers concerned with electoral law and governance during transitional periods. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Ali Baqar Najafi, J.,
Abid Aziz Sheikh, J.,
Shahid Karim, J.,
Anwaar Hussain, J.,
Asim Hafeez, J.
|
| Lawyers |
Mansoor Usman Awan,
Waheed Ahmad,
Haris Irfan,
Hasham Ahmad Khan,
Belal Awais,
Barrister Abid S. Zubairi,
Ch. Rizwan Kashif Kalaar,
Ch. Adnan Faiz Kalaar,
Ahmad Awais, Advocate General Punjab,
Ghulam Sarwar Nihang, Additional Advocate General,
Rai Shahid Saleem Khan, Additional Advocate General,
Mustafa Imran Pasha, Additional Advocate General,
Syed Abul Ali Jafari, Assistant Advocate General,
Tahir Mehmood Khokhar, Additional Attorney General,
Malik Javed Awan, Additional Attorney General,
Mian Waseem Shahabi, Assistant Attorney General,
Ch. Usman Ghani, Assistant Attorney General for Federation,
Barrister Hamza Shehram Sarwar,
Ms. Maham Shehzad Laun,
Mian Shahzeb Quddous,
Asad Zaman Tarar
|
| Petitioners |
ASHFAQ AHMAD KHARAL and 21 others
|
| Respondents |
PROVINCE OF PUNJAB through Secretary, Law and Parliamentary Affairs and others
|
| Citations |
2024 SLD 196 = 2024 SLD 129
|
| Other Citations |
Khawaja Muhammad Asif v. Federation of Pakistan and others 2013 SCMR 1205,
Rab Nawaz Randhawa, Advocate and others v. Rana Muhammad Akram, Advocate and others PLD 2014 Lah. 591,
Raja Muhammad Zubair and others v. Government of Khyber Pakhtunkhwa through Chief Secretary and others PLD 2022 Pesh. 100,
Federation of Pakistan through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Islamabad and others v. Aftab Ahmad Khan Sherpao and others PLD 1992 SC 723,
(Reference No.1 of 2020) PLD 2021 SC 825,
Khawaja Muhammad Sharif v. Federation of Pakistan through Secretary Cabinet Division, Government of Pakistan, Islamabad PLD 1988 Lah. 725,
The Regional Commissioner of Income-Tax Central Region, Lahore and others v. Zaffar Hussain and others PLD 1992 SC 869,
Government of Balochistan through Secretary Services and General Administration Department and others v. Abdul Rauf and others PLD 2021 SC 313,
Malik Muhammad Bashir Lakhesar, Assistant Advocate-General, Punjab v. Government of Punjab and others 2019 PLC (C.S.) 206,
Secretary, Ministry of Law, Parliamentary Affairs and Human Rights, Government of Punjab and others v. Muhammad Ashraf Khan and others PLD 2011 SC 7,
B.P. Singhal v. Union of India and another (2010) 6 Supreme Court-Cases 331,
State of U.P. v. U.P. State Law Officers Association and others AIR 1994 SC 1654,
Joginder Singh Wasu v. State of Punjab (1994) 1 Supreme Court Cases 184,
V.C. Rangadurai v. D. Gopalan and others AIR 1979 SC 281,
P.K.Kunjukrishnan Nair v. State of Kerala and others AIR 1989 Kerala 253,
Lalit Mohan Taran v. Lal Mohan and others AIR 1985 Gauhati 35,
Imtiaz Ahmad Kaifi v. Government of Punjab and others PLD 2013 Lah. 598,
Muhammad Yasin v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others PLD 2012 SC 132
|
| Laws Involved |
Constitution of Pakistan,
Elections Act (XXXIII of 2017),
Punjab Law Department Manual, 1938
|
| Sections |
224(1),
140,
230,
Part 1, Chap. 1, Cls. 1.5 & 1.18
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