Islamabad High Court Grants Time To AGP For Arguments In HEC Chairman Removal Case

Islamabad High Court (IHC) Wednesday granted time to the attorney general of Pakistan (AGP) for arguments in a case pertaining to issuance of ordinance for removal of Higher Education Commission (HEC) chairman Tariq Banori from his post

ISLAMABAD, (UrduPoint / Pakistan Point News - 28th Jul, 2021 ) :Islamabad High Court (IHC) Wednesday granted time to the attorney general of Pakistan (AGP) for arguments in a case pertaining to issuance of ordinance for removal of Higher education Commission (HEC) chairman Tariq Banori from his post.

A two-judge bench comprising IHC Chief Justice Athar Minallah and Justice Aamer Farooq heard the case.

The chief justice asked the Pakistan Muslim League Nawaz (PML-N)'s leader Ahsan Iqbal that how many ordinances were issued during the regime of his party.

To this, Ahsan Iqbal said he apologized if his government had done so.

The chief justice said this court always tried to strengthen the supremacy of the Parliament but still the parliamentary issues were being dragged here.

The bench remarked that the court was not viewing the reasons under which Tariq Banori was removed from his post instead the question was that whether the ordinance was legal or not.

The chief justice observed that it was required to view the situation under Article 89 of the Constitution for issuance of an ordinance.

He further said the elections were supposed to held after three years but the ordinance for electronic voting machines had been promulgated. If this ordinance would not get approved from the Parliament as an act then the money spent on electronic voting machines could go wasted.

Chief Justice Athar Minallah said the ordinance could be passed only in emergency situation when a law was needed to be imposed immediately and the Parliament was not in session.

The chief justice said the HEC was also a constitutional institution like IHC.

Justice Farooq said the ordinance could be issued it was time required to call the parliament's session.

The chief justice said the law permitted the government to remove the HEC chairman on the basis of ineligibility but the government had not used this authority.

AGP Khalid Javed informed the court that he held a meeting with the prime minister and discussed the subject.

He said now high standards were being adopted for the issuance of an ordinance.

He requested the court to grant time for further arguments on the matter as he would be busy in the meeting of judicial council.

The court asked him to give arguments on the matter on the next date of hearing.

The court said the such matter should only be addressed in the Parliament and asked whether any lawmaker had prepared research paper on it.

To this, Ahsan Iqbal said he had done some work on it and would submit it on the next hearing.

Later on, the court adjourned the hearing till August 11.