Appointment of Abrarul Haq as PRCS chief: IHC grants AAG time for preparation of arguments

The Islamabad High Court (IHC) Monday granted time to additional attorney general (AAG) for preparation of arguments in a petition challenging appointment of Pakistan Tehreek-e-Insaf (PTI) leader Abrarul Haq as chairman Pakistan Red Crescent Society (PRCS).

A single bench of the IHC comprising Chief Justice Athar Minallah heard the petition of Dr Saeed Elahi, former chairman of PRCS, and deferred the hearing till December 26 by maintaining stay orders in this matter.

During the course of hearing, Justice Athar remarked that appointment was an administrative matter and the court would review its legal aspects. The petitioner's lawyer adopted that chairman PRCS's tenure was three years in accordance with the rules and his client's tenure was going to expire on March 9, 2020.

The IHC bench noted that the chairman could hand over the charge after he resigned from his post. It added if the chairman commits any misconduct then a show-cause notice should be issued to him and an inquiry could be initiated against him in accordance with the rules.

Justice Athar asked from the Additional Attorney General (AAG) Tariq Mehmood whether there was any other procedure to remove chairman PRCS from his post. At this, Tariq replied that the rules are silent in this regard.

The IHC Chief Justice remarked that the office of the President was authorized to take decision only in accordance with laws and said that it was an important matter. Then he asked the AAG to take more time for arguments and deferred the hearing till December 26 in this connection.

Previously, Justice Athar noted in his order, "In the meanwhile, operation of notification regarding appointment of respondent No 5 and removal of the petitioner shall remain suspended till the next date fixed."

Justice Athar said in the order that the petitioner's counsel has drawn the attention of this court to rule 11(b) in support of his contention that the tenure of the chairman of managing body of the society is fixed for a period of three years unless the latter resigns earlier. "The learned counsel has stated that there is no power vested with the President to remove the chairman before the guaranteed fixed term," he added.

The court order stated that the attorney general for Pakistan has appeared and accepted notice. It maintained, "The learned attorney general has argued that rule 11(b) is ultra vires of the primary statue i.e. Act of 1974. The learned attorney general has stressed that powers vested under section 5 do not empower the managing body to fix the tenure of the chairman that the power is restricted to determining the terms of members of the managing body."