Too many cooks: CM advisers, Sindh advocate-general put on notice
Petitioner claims appointment of too many advisers is illegal.
KARACHI:
All advisers to the Sindh chief minister and Sindh advocate general have been put on notice for February 7 in a petition filed against the appointment of more officers than allowed in the constitution.
A division bench of Sindh High Court, comprising Justice Gulzar Ahmed and Justice Imam Bux Baloch, gave the orders on Monday in a constitution petition filed by Ali Jatoi of Sindh Dost Rabita Council (SDRC). Jatoi challenges the appointment of the number of advisers, which is more than allowed under the Constitution of Pakistan Article 130.
The bench earlier heard the counsel for petitioner, Barrister Zamir Ghumro, who is a political activist and a member of the central committee of SDRC.
The petitioner maintains that he filed the petition because he is concerned about the working of Sindh government, which is not being run in accordance with the constitution. As far as the appointment of advisers is concerned, Article 130 is being violated.
The petitioner has cited Rashid Hussain Rabbani (status of minister), Gul Muhammad Laat, Qurban Ali Behan, Waqas Ali Malik, Mufti Ferozuddin Hazarvi, Sharmila Farooqui (adviser on information and archives), Ghulam Qadir Malkani, Imamuddin Shauqeen (status of provincial minister), Muhammad Siddique Abu Bhai, Nawab Dilawar Khanjee, Sardar Aamir Khan Bhutto, Jameel Ahmed Soomro (status of provincial minister), Qaiser Bengali (planning and development), Imtiaz Ahmed Shaikh (advisor on tourism), Fazalur Rahman (department of special initiative) and Zubair A Motiwala as respondents.
He said that the purpose of advisers is to get professional advice from experts but in the case of the Sindh government, it has become a practice of accommodating people on political grounds. The respondents are appointed on the basis of favouritism and nepotism and are being paid huge salaries at the expense of the public exchequer, said Ghumro.
The petitioner maintained that making these advisers members of the cabinet is another violation of the Constitution since they do not take an oath, which is necessary for cabinet members.
The counsel further said that the representative character of the Sindh Assembly is compromised when departments, such as planning and development, information, tourism, mines and mineral development, and anti-corruption are entrusted to outsiders and unelected people.
The petitioner asked the court direct the respondents to show the legal authority under which they have been appointed. The respondent chief secretary should be directed to issue a charter of duties of five advisers appointed first, to order withdrawal of status of provincial ministers, restrain advisers from interfering in any government department and also to restrain all the advisers appointed beyond the limit of five, from any official work until the adjudication of the instant petition.
Published in The Express Tribune, January 25th, 2011.
All advisers to the Sindh chief minister and Sindh advocate general have been put on notice for February 7 in a petition filed against the appointment of more officers than allowed in the constitution.
A division bench of Sindh High Court, comprising Justice Gulzar Ahmed and Justice Imam Bux Baloch, gave the orders on Monday in a constitution petition filed by Ali Jatoi of Sindh Dost Rabita Council (SDRC). Jatoi challenges the appointment of the number of advisers, which is more than allowed under the Constitution of Pakistan Article 130.
The bench earlier heard the counsel for petitioner, Barrister Zamir Ghumro, who is a political activist and a member of the central committee of SDRC.
The petitioner maintains that he filed the petition because he is concerned about the working of Sindh government, which is not being run in accordance with the constitution. As far as the appointment of advisers is concerned, Article 130 is being violated.
The petitioner has cited Rashid Hussain Rabbani (status of minister), Gul Muhammad Laat, Qurban Ali Behan, Waqas Ali Malik, Mufti Ferozuddin Hazarvi, Sharmila Farooqui (adviser on information and archives), Ghulam Qadir Malkani, Imamuddin Shauqeen (status of provincial minister), Muhammad Siddique Abu Bhai, Nawab Dilawar Khanjee, Sardar Aamir Khan Bhutto, Jameel Ahmed Soomro (status of provincial minister), Qaiser Bengali (planning and development), Imtiaz Ahmed Shaikh (advisor on tourism), Fazalur Rahman (department of special initiative) and Zubair A Motiwala as respondents.
He said that the purpose of advisers is to get professional advice from experts but in the case of the Sindh government, it has become a practice of accommodating people on political grounds. The respondents are appointed on the basis of favouritism and nepotism and are being paid huge salaries at the expense of the public exchequer, said Ghumro.
The petitioner maintained that making these advisers members of the cabinet is another violation of the Constitution since they do not take an oath, which is necessary for cabinet members.
The counsel further said that the representative character of the Sindh Assembly is compromised when departments, such as planning and development, information, tourism, mines and mineral development, and anti-corruption are entrusted to outsiders and unelected people.
The petitioner asked the court direct the respondents to show the legal authority under which they have been appointed. The respondent chief secretary should be directed to issue a charter of duties of five advisers appointed first, to order withdrawal of status of provincial ministers, restrain advisers from interfering in any government department and also to restrain all the advisers appointed beyond the limit of five, from any official work until the adjudication of the instant petition.
Published in The Express Tribune, January 25th, 2011.