The appellant in this case is the Federation of Pakistan and is represented by Raja Shafqat Abbasi, learned Deputy Attorney-General ('DAG'). Learned DAG commenced his arguments but basic facts were not enumerated precisely. Therefore, we wanted to send for the Attorney-General for Pakistan so that he could come and render proper assistance. However, on enquiring who the Attorney- General is, we were not given a satisfactory answer to what, is a simple query. We then called upon Chaudhry Aamir Rehman, learned Additional Attorney-General, present in Court, to answer our query and he said he was unable to It transpires that Mr. Ashtar Ausaf Ali resigned from the post of Attorney-General a couple of months back and in his stead no one has been appointed till date despite lapse of more than a reasonable period.
2. Article 100 of the Constitution of Islamic Republic of Pakistan ('the Constitution') stipulates that:
100. (1) The President shall appoint a person, being a person qualified to be appointed a Judge of the Supreme Court, to be the Attorney-General for Pakistan.
(2) The Attorney-General shall hold office during the pleasure of the President and shall not engage in private practice so long as he holds the office of the Attorney-General.
(3) It shall be the duty of the Attorney-General to give advice to the Federal Government upon such legal matters, and to perform such other duties of a legal character, as may be .referred or assigned to him by the Federal Government, and in the performance of his duties he shall have the right of audience in all courts and tribunals in Pakistan.
(4) The Attorney-General may, by writing under his hand addressed to the President, resign his office.'
3. The Attorney-General for Pakistan is a constitutional post and it cannot be left vacant. There is no mention of an acting Attorney-General in the Constitution. The law also requires notice to the Attorney-General under Order XXVIIA of the Code of Civil Procedure (and not to a DAG or Additional Attorney-General) in certain cases. Neither a DAG nor an B Additional Attorney-General is a substitute for the Attorney-General. We may also assume that when a DAG or an Additional Attorney-General attends Court he/she does so on instructions received from the Attorney- General.
4. Therefore, the AGP (whoever that may be) and the Federal Law Secretary should be in attendance on the next date.
5. We also expect to be properly assisted on the next date of hearing.