Controversial postings: ‘No specific requirements for appointment of advisers’
Lawyer defends hiring of Murtaza Wahab as CM’s adviser
Lawyer defends hiring of Murtaza Wahab as CM’s adviser. PHOTO: TWITTER
KARACHI:
There is no provision in the law requiring specific qualification and eligibility for appointment of ministers or advisers to the provincial chief minister (CM), the Sindh High Court was informed on Thursday.
This submission was made by a lawyer, who defended the appointment of Barrister Murtaza Wahab as adviser to Chief Minister Murad Ali Shah on law, enquiries and anti-corruption. The judges were informed that senators are not directly elected but a senator can also be appointed as a minister. The court was told that, similarly, the provincial CM had, in exercise of power as defined and permitted by the law, appointed Wahab as special adviser. A hearing has been fixed for today (Friday) for further arguments.
Advocate Fareed Ahmed Dayo had challenged Wahab’s appointment, arguing that he was given adviser’s status and also appointed as chairperson of the board of governors for law colleges in Karachi without being competent and solely on political basis. The court was pleaded to strike down his appointment as the CM’s adviser, in addition to ordering reconstitution of the board of governors for law colleges.
Two special assistants approach court
The same bench also directed the CM’s two special assistants, Irum Khalid and Ghulam Shah Jillani, to file comments explaining their appointment in alleged violation of the constitutional provisions. The bench was hearing a petition challenging appointment of ministers and advisers by the new CM in excess to the number permitted by law. A practicing lawyer, Maulvi Iqbal Haider, had challenged these appointments by the new CM, saying that it is a violation of Article 130 (6), which stipulates that the strength of the cabinet must not exceed 11% of the total membership of the assembly.
The CM appointed 17 provincial ministers, advisers and special assistants on July 30 in the first phase and then further expanded his cabinet by appointing nine more ministers and 11 special assistants in the second phase, said the petitioner. He argued that after the 18th Amendment, strength of the cabinet cannot be more than 11% of the total members of the assembly. Haider argued that according to Articles 92 and 130 (11), the CMs and prime minister are only allowed to appoint five advisers each.
The petitioner, therefore, requested the court to declare the excessive appointments illegal and also sought their suspension ‘as they are a heavy burden on the taxpayers’.
On Thursday, lawyers filed power of attorney on behalf of the special assistants and requested time to file comments. Allowing the request, the bench granted time till November 9.
Published in The Express Tribune, October 7th, 2016.
There is no provision in the law requiring specific qualification and eligibility for appointment of ministers or advisers to the provincial chief minister (CM), the Sindh High Court was informed on Thursday.
This submission was made by a lawyer, who defended the appointment of Barrister Murtaza Wahab as adviser to Chief Minister Murad Ali Shah on law, enquiries and anti-corruption. The judges were informed that senators are not directly elected but a senator can also be appointed as a minister. The court was told that, similarly, the provincial CM had, in exercise of power as defined and permitted by the law, appointed Wahab as special adviser. A hearing has been fixed for today (Friday) for further arguments.
Advocate Fareed Ahmed Dayo had challenged Wahab’s appointment, arguing that he was given adviser’s status and also appointed as chairperson of the board of governors for law colleges in Karachi without being competent and solely on political basis. The court was pleaded to strike down his appointment as the CM’s adviser, in addition to ordering reconstitution of the board of governors for law colleges.
Two special assistants approach court
The same bench also directed the CM’s two special assistants, Irum Khalid and Ghulam Shah Jillani, to file comments explaining their appointment in alleged violation of the constitutional provisions. The bench was hearing a petition challenging appointment of ministers and advisers by the new CM in excess to the number permitted by law. A practicing lawyer, Maulvi Iqbal Haider, had challenged these appointments by the new CM, saying that it is a violation of Article 130 (6), which stipulates that the strength of the cabinet must not exceed 11% of the total membership of the assembly.
The CM appointed 17 provincial ministers, advisers and special assistants on July 30 in the first phase and then further expanded his cabinet by appointing nine more ministers and 11 special assistants in the second phase, said the petitioner. He argued that after the 18th Amendment, strength of the cabinet cannot be more than 11% of the total members of the assembly. Haider argued that according to Articles 92 and 130 (11), the CMs and prime minister are only allowed to appoint five advisers each.
The petitioner, therefore, requested the court to declare the excessive appointments illegal and also sought their suspension ‘as they are a heavy burden on the taxpayers’.
On Thursday, lawyers filed power of attorney on behalf of the special assistants and requested time to file comments. Allowing the request, the bench granted time till November 9.
Published in The Express Tribune, October 7th, 2016.