Law ministry

Petition against appointments: IHC orders Ministry of Justice to serve notices on 10 DAIR bailiffs – Pakistan

ISLAMABAD: The Islamabad High Court (IHC) has ordered the Ministry of Law and Justice to notify 10 Judicial Members (BS-21) working on a contract basis at the Inland Revenue Appeals Tribunal (ATIR) in a constitutional petition , in which, their appointments were challenged.

The petition was filed by a High Court of Lawyers asking the IHC to declare illegal and unconstitutional the appointment of 10 DAIR Judicial Members.

When contacted, one of the petitioner’s counsels, lawyer Waheed Shahzad Butt, told this correspondent that the petition named as defendants the Prime Minister of Pakistan, the Ministry of Justice, the federal civil service, 10 judicial members of DAIR as well as the federal government. Government through the Settlement Division.

The IHC issued a notice to the respondents after hearing the arguments and set the hearing for November 8, 2022.

The petitioner asked the CSI to order the cancellation of the notification of 02.06.2021 regarding the appointment of 10 judicial members.

Attorney Butt argued that contractual appointments in BS-21 of judicial officers cannot be made without publicity and information to the general public, therefore, in violation of Articles 5, 18, 25 and the preamble of the Constitution of the Pakistan and therefore illegal and empty ab-initio.

The IHC order states: “At the very beginning, the learned lawyer for Respondent No. 5 (Sardar M Ajaz Khan) pointed out that the agents mentioned in the parties’ memorandum at serial number 5 (i to x ) had not received a notice, as stated in the previous order. The office is responsible for issuing a notice to defendants No. 5 (i to x) through the Department of Law and Justice.”

The office also ensures the conformity of the order and draws up a report of the service. The case was relisted on Nov. 8, 2022, the IHC ordered.

Copyright Business Recorder, 2022