Acting AGP post doesn't exist in Constitution: SC.

ISLAMABAD -- The Supreme Court (SC) has held that the Attorney General for Pakistan (AGP) was a constitutional post and it cannot be left vacant since there was no mention of an acting AGP in the Constitution.

The law also requires notice to AGP under Order 27 A of the Code of Civil Procedure (CCP) and to Deputy Attorney General (DAG) or Additional Attorney General (AAG) in certain cases, observed Justice Qazi Faez Isa in a three-page order adding neither DAG nor an AAG was a substitute for AGP.

Justice Isa was heading a two-judge Supreme Court bench that had an appeal moved by the Defence Ministry.

The observation came against the backdrop of a government case hearing on Jan 11, in which Deputy Attorney General (DAG) Raja Shafqat Abbasi appeared on behalf of the federal government but according to the order could not enumerate facts precisely.

Consequently the court asked for AGP so that he could come and render proper assistance. However, on inquiry that who the AGP was, the court was not given a satisfactory answer.

At the heart of the controversy was the non issuance of notification of Mansoor Usman Awan who was appointed as the 37th AGP on Dec 23 after the approval of President Dr Arif Alvi. Mr...