Plea for removal of ATIR chairman: LHC asks PM office, others to file reports, para-wise comments

ISLAMABAD: Lahore High Court (LHC) has issued notices to the office of Prime Minister, Attorney General for Pakistan and Ministry of Law in a constitutional petition filed for removal of Shahid Masood Manzar, Chairman Appellate Tribunal Inland Revenue, Pakistan (ATIR).

It is reliably learnt that a public interest constitutional petition has been moved by a Lahore based Advocate/Citizen for removal of Chairman ATIR through an international lawyer Mohammad Azhar Siddique.

After hearing the arguments, the LHC has issued notices to the office of Prime Minister, Ministry of Law, Chairman Federal Public Service Commission, Director General Federal Investigation Agency, Chairman NAB, Chairman ATIR and Attorney General for Pakistan for filing of reports and para-wise comments.

The petitioner accused that he (Chairman ATIR) has not only joined government services as Judicial Member (A position qualified to be a judge of a High Court) and then posted as Chairman, ATIR in BS-22. The petitioner has urged that notifications, appointing the Chairman ATIR, are illegal and of no legal effect and accordingly it may be cancelled and declared illegal and Chairman ATIR may be de-seated / removed from the post of Chairman with return of salaries/benefits already enjoyed.

The chairman ATIR is required to be restrained from performing any judicial work in Single as well as Division Benches of the ATIR till the final decision of the subject petition, the petitioner added.

The LHC order stated, "This is a writ of Quo Warranto filed against respondent on the ground that he has been appointed as Chairman Appellate Tribunal Inland Revenue (BS-22), however, he is not qualified to hold the said post on account of being convicted under Sections 376 and 342 of the Pakistan Penal Code, 1860 and he was sentenced to undergo rigorous imprisonment for five years under Section 376 of the PPC and six months rigorous imprisonment under Section 342 of the PPC.

The learned counsel states that if any person has been arrested, prosecuted, convicted, restricted or extended in any case, political or otherwise, he is not eligible for the post, given that qualification for the said post are the same as that of Judge of a High Court. The LHC has issued notices to the said respondents to file reports and parawise comments.

Copyright Business Recorder, 2020