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The Supreme Court on Wednesday directed the government of Sindh to issue appointment letters to 185 assistant and deputy prosecutors while dismissing its petition denying these appointments. A three-member bench of the apex court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan and Justice Raja Fayyaz Ahmed heard the case.
Appointments of 185 assistant prosecutors and deputy prosecutors were made by the caretaker government in 2008. But these law officers were not issued appointment letters till date. Meanwhile, the new appointees were also given offer letters by the government and were accepted.
The newly-appointed law officers approached Sindh High Court for issuance of appointment letters.
On September 30, the SHC directed the government for issuance of appointment letters within one month along with a direction to release their salaries afterwards.
Instead of complying with the order, government of Sindh challenged the decision at the apex court. Eighty officers filed 27 appeals in the Supreme Court for compliance of the court orders.
On Wednesday, Additional Advocate General Sindh Abdul Fateh Malik represented the government of Sindh and Advocate Anwer Mansoor Khan appeared before the court on behalf of the law officers.
Abdul Fateh Malik said since these appointments were made during the caretaker government and were politically motivated, therefore, appointment letters cannot be issued. Chief Justice Iftikhar Muhammad Chaudhry observed that caretaker government works under the Constitution and is non-partisan. It performs all those functions in order to run the affairs of the government, which are executed by elected government, he added.
The CJ further said that caretaker government is not confined to merely holding the elections. The AAG said that there are some hitches due to which the government could not issue appointment letters. The court dismissed the petitions and asked the government of Sindh to clear their arrears as well.

Copyright Business Recorder, 2009

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