President can’t do anything against rules: IHC

ISLAMABAD: Islamabad High Court (IHC) Chief Justice Athar Minallah remarked on Monday that the office of the president was authorised to take decision only in accordance with laws.He observed that the arguments should not be extended that President can do anything against the rules.The IHC extended its interim suspension orders for the appointment of PTI leader Abrarul Haq as chairman Pakistan Red Crescent Society (PRCS) and granted more time to the additional attorney general for arguments preparation till December 26.The chief justice said it was an important matter and asked the AAG to take more time for arguments.IHC Chief Justice Athar Minallah took up the hearing into the petition filed by the outgoing chairman Red Crescent Society, Saeed Elahi, who was an acting chairman of the body before his removal. During the hearing, the chief justice remarked that appointment was an administration matter, the court would view legal aspects regarding the matter. The petitioner's lawyer pleaded that chairman PRCS's tenure was three years in accordance with rules. He said that his client's tenure was going to expire on March 9, 2020.The chief justice remarked that the chairman could hand over the charge after he resigned from his post. If the chairman commits any misconduct, then a show cause notice used to be issued to him and in inquiry could be initiated against him in accordance with the rules.Justice Minallah asked the Additional Attorney General (AAG) Tariq Mehmood Khosa that whether there was any other procedure to remove PRCS chairman from his post, to this, Khosa said that the rules were silent in this regard.The court adjourned hearing of the case till December 26. Dr Saeed Elahi was appointed as PRCS chairman in 2014 by the PML-N government and granted an extension for another term in 2017. Elahi was removed by President Arif Alvi, who is the patron of the PRCS.Dr Saeed Elahi, in his petition, stated that his removal from the post of PRCS chairman was illegal because there is no cogent reason, and his tenure is still not completed. “Tenure will end in March 2020,” he added.He said appointment of singer Abrarul Haq is allegedly conflict of interest and nepotism. He said a singer-turned politician runs a private college, hospital and also collects donations for his non-government organisation (NGO) Sahara Trust.Dr Saeed Elahi said under the rules of PRCS, the management body had the power to make appointments. He further said that the PRCS chairman can only be removed before the completion of the term if they submit their resignation to the president. He added that his removal was also in violation of the fundamental rights provided in the Constitution, according to which "no one can be condemned unheard.”He requested the court to declare the notification for the appointment of Abrarul Haq as PRCS chairman void, illegal, unjust, without lawful authority, arbitrary and against the law.

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