ISLAMABAD: The Supreme Court, on Monday, again expressed concern over the government’s failure to appoint a new attorney general. President Arif Alvi on 23rd December 2022 had approved the appointment of Mansoor Usman Awan as AGP after accepting the resignation of Ashtar Ausaf Ali from the post of Attorney General. However, despite the president’s approval the government could not issue the notification of Mansoor’s appointment as the new AGP.

As the federal government delayed the notification, Mansoor, a Lahore-based lawyer, last week, declined to be appointed as the attorney general. According to the sources, after Awan’s refusal, the government has again started looking for a new AGP, adding the incumbent regime was considering a Lahore-based lawyer for the post.

Justice Qazi Faez, while heading a three-judge bench, asked the deputy attorney general; “who is the AGP in the country at the moment?” and wondered if the government was so “incompetent” that it was unable to appoint a new AGP. Not getting a satisfactory answer, Justice Faez said the deputy AG was “acting as if the court has asked a very difficult constitutional question”.

“Is the government negotiating with anyone on the appointment of the attorney general?” asked Justice Faez, adding the top court had 5,500 lawyers, but the government was unable to pick one. He further said the government was “violating the Constitution by not appointing the AG”.

The apex court also noted that the orders of the SC were not followed, adding the additional and deputy AGs were only bound to take instructions from the AG.

Justice Faez further stated that it was against the law for the deputy and additional AGs to appear before the court without the instructions of the AGP.

Copyright Business Recorder, 2023