Lahore High Court has intervened to suspend the removal of Punjab Information Commission (PIC) chief commissioner, Mehboob Qadir Shah, by the interim caretaker government. The move came after Mr. Shah, a retired district & sessions judge, challenged his abrupt dismissal from his position as chief information commissioner at the PIC.
The interim cabinet’s decision, which was issued through a notification on Jan 20, sparked controversy as it ousted Mr. Shah from his role, allegedly under political pressure and to appease the bureaucratic circles within the province. Advocate Safdar Shaheen Pirzada, representing Mr. Shah, argued that the caretaker government overstepped its authority by removing the petitioner without valid grounds, primarily to placate the disgruntled bureaucracy.
Mr. Shah’s tenure, initially appointed in 2018 for a standard term of three years, was extended for an additional term in 2021, reflecting his commendable service and commitment to transparency and public welfare. Advocate Pirzada emphasized that the caretaker government’s actions lacked legal basis, as the law governing the PIC only permits removal on grounds of misconduct or physical/mental incapacity, none of which applied to Mr. Shah.
In response to the petition, Justice Shahid Karim of the Lahore High Court temporarily suspended Mr. Shah’s removal, pending further legal proceedings. The court has demanded a comprehensive response from the government within a fortnight, signaling a judicial stance against arbitrary decisions that undermine institutional integrity and the rule of law.
The suspension of Mr. Shah’s removal underscores the critical role of independent oversight bodies like the PIC in upholding accountability and transparency within government institutions. It also highlights the importance of judicial oversight in safeguarding the rights of individuals against arbitrary exercises of power, particularly during transitional periods such as caretaker governments.
As the legal battle unfolds, the outcome will not only determine Mr. Shah’s fate but also set a precedent for the autonomy and effectiveness of statutory bodies tasked with promoting access to information and combating corruption in the public sector. The Lahore High Court’s intervention serves as a reminder of the judiciary’s vital role in upholding constitutional principles and ensuring the proper functioning of democratic institutions.
