ISLAMABAD - A petition was moved in the Supreme Court challenging the appointment of Justice (Retd) Tariq Pervaiz Khan as caretaker Chief Minister Khyber Pakhtunkhwa.

Shahid Orakzai, the petitioner had maintained that Tariq Khan retired as judge of SC in February 2013 and took oath as Chief Minister KPK on March 21st 2013 and under the Constitution he could be appointed as an ad hoc judge.

Within days of his retirement Tariq Khan was appointed as caretaker CM a profitable office and it violated the Constitution, he stated. The petitioner said under the Constitution the Chief Justice of Pakistan in consultation with President could appoint any judge on ad hoc basis before three years from the date of his retirement.

Tariq Pervaiz should not have taken oath as CM as he could still be appointed as a judge of the apex court.

Orakzai said if any person violates the Constitution he was not permitted to get remunerations as a retired judge citing different Articles of the Constitution. The petitioner has prayed to the court to give him an interim relief by ordering the Governor KPK not to administer oath from the caretaker Provincial Ministers.

He further urged the court to rule that no judge should be appointed to any office under Article 224 of the Constitution besides directing the registrar of SC to withhold the pension of Tariq Khan. The SC may take up the petition in any day of the coming week.