‘Illegal’ posts: Notices issued on plea challenging appointment of CM’s adviser
Respondent is pro-chancellor of Szabul and chair of board for city's law colleges
KARACHI:
The Sindh High Court (SHC) issued on Monday notices on a petition challenging the appointment of Barrister Murtaza Wahab Siddiqui as adviser for law and order to the chief minister and two other posts in alleged violation of rules.
Fareed Ahmed Dayo, a practicing lawyer, had filed the petition, naming the chief minister, chief secretary, secretary/registrar of the National Judicial Commission, Siddiqui, law secretary and registrar of the Shaheed Zulfiqar Ali Bhutto University of Law (Szabul), as respondents.
The petitioner said Siddiqui was enrolled as an advocate of the SHC on June 30, 2010, thus having experience of only six years.
He also argued that either the education minister or the vice-chancellor of the University of Karachi can be the chairperson of the board of governors for law colleges in Karachi according to notifications issued by the Sindh government in March 8, 1973 and December 21, 1978.
However, Siddiqui was appointed chairperson of the board on April 27, 2016, said the petitioner, adding that the respondent is also the pro-vice chancellor of Szabul at the same time.
Therefore, he pleaded to the court to declare the appointment of Siddiqui as adviser, and subsequently giving him the status of minister, as illegal, unlawful and against the Constitution.
His appointment as an adviser in terms of Section 4 (1) of the Sindh Advisors (Appointment, Powers, Functions, Salaries, Allowances and Privileges) Act, 2003, is also against the spirit and constitutional mandate as held by SHC in a case decided in 2000.
It was also requested to order withdrawal of two notifications dated April 30, 2015, and May 21, 2015, with further direction to the provincial government to appoint law a minister making constitutional representation before the provincial assembly, the National Judicial Commission and the Szabul.
A division bench, headed by Justice Iqbal Kalhoro, asked the respondents to file their comments by August 9.
Published in The Express Tribune, July 27th, 2016.
The Sindh High Court (SHC) issued on Monday notices on a petition challenging the appointment of Barrister Murtaza Wahab Siddiqui as adviser for law and order to the chief minister and two other posts in alleged violation of rules.
Fareed Ahmed Dayo, a practicing lawyer, had filed the petition, naming the chief minister, chief secretary, secretary/registrar of the National Judicial Commission, Siddiqui, law secretary and registrar of the Shaheed Zulfiqar Ali Bhutto University of Law (Szabul), as respondents.
The petitioner said Siddiqui was enrolled as an advocate of the SHC on June 30, 2010, thus having experience of only six years.
He also argued that either the education minister or the vice-chancellor of the University of Karachi can be the chairperson of the board of governors for law colleges in Karachi according to notifications issued by the Sindh government in March 8, 1973 and December 21, 1978.
However, Siddiqui was appointed chairperson of the board on April 27, 2016, said the petitioner, adding that the respondent is also the pro-vice chancellor of Szabul at the same time.
Therefore, he pleaded to the court to declare the appointment of Siddiqui as adviser, and subsequently giving him the status of minister, as illegal, unlawful and against the Constitution.
His appointment as an adviser in terms of Section 4 (1) of the Sindh Advisors (Appointment, Powers, Functions, Salaries, Allowances and Privileges) Act, 2003, is also against the spirit and constitutional mandate as held by SHC in a case decided in 2000.
It was also requested to order withdrawal of two notifications dated April 30, 2015, and May 21, 2015, with further direction to the provincial government to appoint law a minister making constitutional representation before the provincial assembly, the National Judicial Commission and the Szabul.
A division bench, headed by Justice Iqbal Kalhoro, asked the respondents to file their comments by August 9.
Published in The Express Tribune, July 27th, 2016.