MAZHAR RASOOL HASHMI vs GOVERNMENT OF THE PUNJAB arts — 2023 CLC 1201 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 1201 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: MAZHAR RASOOL HASHMI vs GOVERNMENT OF THE PUNJAB arts
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MAZHAR RASOOL HASHMI VS GOVERNMENT OF THE PUNJAB arts. 140 & 193---appointment of advocate General for the Province---Challenge to---Petitioner filed constitutional petition in the nature of public interest litigation challenging the appointment of advocate General claiming that Governor could appoint only such person as advocate General who was qualified to serve as Judge of High Court, whose age of retirement was 62 years and respondent was ineligible for such position since he was 73 years of age---Validity---Positions of the High Court Judge and the advocate General were distinct---Separate mechanism existed for appointment, remuneration, tenure, and removal from these said two posts; their responsibilities differed as well---If the framers of the Constitution intended to prescribe the upper age limit for the appointment of advocate General or to set the age of retirement for him, they would have specifically said so---No exception could be made to the appointment of the respondent as advocate General---Impugned notification was valid---Courts should reject mischievous public interest litigation petitions which try to dispute lawful executive actions for oblique motives or to gain cheap popularity---Such petitions consume the Court's valuable time and hamper the decision of other cases---Petition lacked bona fides, therefore, same was dismissed with costs.

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