950820

Appointment of Acting CJ

LHC issues notice to

federal govt

RIZWAN-UR-REHMAN

LAHORE: The Lahore High Court has issued a notice to the federal government on a constitutional petition moved by a local lawyer, M.D. Tahir, contending that since the President of Pakistan had not appointed any Acting Chief Justice after the departure of the Acting Chief Justice abroad, the LHC has ceased to exist.

M.D. Tahir had moved a constitutional petition in the LHC submitting that under Article 192 of the Constitution of Islamic Republic of Pakistan, it was obligatory to appoint an Acting Chief Justice in the absence of a permanent one. He submitted that the Acting Chief Justice of the LHC had proceeded abroad on August 14, and the president had not appointed any Acting Chief Justice to fill this gap. He was of the view that in the eyes of the Constitution, the LHC had become non-existent simply because there could not be a High Court without a Chief Justice.

The learned court after hearing the petitioner in person at considerable length issued notice to the federal government to file para-wise comments by August 30.

BANI AFGHAN CASE

Justice Nasira Javed Iqbal has directed to register a case against Malik Asad Khan, son of late Nawab of Kalabagh, for damaging his opponents' residence.

These directons were issued by the court on a writ petition moved by the head of Bani Afghan Tribe, contending that Nawabzadgan of Kalabagh had been pressing them for a long time to quite the area. It was submitted that Bani Afghan had been living in the area for the last 24 generations.

It was also submitted that since the respondent was a nephew of President Farooq Ahmed Leghari, entry of Malik Asad in the President's House has given him further force and he has started demolishing the houses of the petitioner tribe.

He further submitted that police was reluctant to register a case against the respondent Asad Khan in view of his political status.

He prayed before the court for registration of a criminal case against the petitioner for demolishing the houses of the petitioner.

The court, with the directions to the petitioner to approach the relative police station, has directed the SHO of the concerned police station to file a report and register a case, if there was a cognizable offence against the respondent.

With these directions the court disposed of the petition.