Accountability: Court seeks details of five remaining advisers
A division bench of the SHC, comprising Justice Gulzar Ahmed and Justice Imam Bux Baloch, was hearing a petition filed by Alf Jatoi, a political activist and member of Sindh Dost Rabita Council central committee. Jatoi complained that the number of advisers in the Sindh government and their status violates the constitution.
On Monday, Sindh Additional Advocate General submitted the notifications in respect of the 12 advisers who were recently removed and also of the remaining five advisers. He added that the government removed these advisers to bring their total number in conformity with the constitutional provisions, and that the court should dispose of the case now.
Petitioner’s counsel Barrister Zamir Ghumro objected, however, and said that the government has not taken complete action. The provincial government continues to violate the constitution by giving its few advisers the status of a minister and allotting portfolios. He asked the court to look into other violations as well.
After hearing both sides, the bench ordered the Sindh government to submit details about the five advisers, who have been retained and the functions performed by them so as to ascertain whether or not their duties are in transgression of their status - that of an unelected adviser to the chief minister.
The petitioner said that he filed this petition mainly because he is concerned about the working of the Sindh government, which is not being run in accordance with the Constitution of Pakistan. Article 130 of the constitution, which deals with the appointment of advisers, is being violated, he added.
The following officials were cited as respondents: Rashid Hussain Rabbani (status of minister), Gul Muhammad Laat, Qurban Ali Behan, Waqas Ali Malik, Mufti Ferozuddin Hazarvi, Sharmila Farooqui (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), Dr Kaiser Bengali (planning and development), Imtiaz Ahmed Shaikh (tourism), Fazalur Rahman (department of special initiative) and Zubair A Motiwala.
The purpose of appointing advisers is to get professional advice from a qualified expert but, in the case of the Sindh government, advisers were appointed to accommodate them politically, said Barrister Ghumro.
He added that these advisers are least concerned about the problems faced by the people and, since they are unelected, they are responsible to none. They are being paid huge salaries at the expense of the public exchequer, he alleged.
Making these advisers members of the cabinet is another violation because cabinet members take an oath while advisers do not. Their presence in cabinet meetings also influences legal government and it is undemocratic, he added.
Barrister Ghumro further said that the representative character of the Sindh Assembly is put at stake when departments, such as planning and development, information, tourism, mines and mineral development, and anti-corruption are entrusted upon outsiders and unelected people.
The petitioner asked the court to direct the respondents to show the legal authority under which they have been appointed. He also requested the court to direct the chief secretary to issue a charter of duties of the five advisers appointed first, to order a withdrawal of status of provincial minister, 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 till the adjudication of the petition.
The bench adjourned the session and the next hearing will take place on February 18.
Published in The Express Tribune, February 8th, 2011.
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