Controversial post: SHC reserves verdict on appointment of CM’s adviser
Respondent is also pro-chancellor of SZABUL and chair of board for city's law colleges
PHOTO: EXPRESS
KARACHI:
The Sindh High Court (SHC) reserved on Tuesday its verdict on a petition challenging the appointment of Barrister Murtaza Wahab Siddiqui as adviser for law and order to the chief minister (CM) and grant of minister's status to him.
While heading a two-judge bench, Chief Justice Sajjad Ali Shah observed that the legality of such appointment and grant of minister's status will have to be examined and reserved order to be announced later after the lawyers conclude final arguments on the matter.
Fareed Ahmed Dayo, a practising lawyer, had filed the petition, naming the CM, chief secretary, secretary/registrar of the National Judicial Commission, 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, and, thus, had experience of only six years.
He also argued that either the education minister or the vice-chancellor of the Karachi University 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 that the court 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 the 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 a law minister making constitutional representation before the provincial assembly, the National Judicial Commission and the Szabul.
During Tuesday's proceedings, advocate-general Barrister Zamir Ahmed Ghumro argued that the province has unlimited administrative responsibilities but has only 18 ministers. Therefore, the advisers have been appointed to help the CM.
CJ Shah observed that it will have to be seen whether the CM had appointed Siddiqui to reward him or it was really needed. The judge questioned that since the provincial advocate-general can advise the CM on legal issues, then why there is a need to appoint an adviser for the same.
The bench reserved its verdict on the matter and directed the lawyers representing the petitioner, the respondent and provincial government to file their written comments, if any.
Published in The Express Tribune, October 26th, 2016.
The Sindh High Court (SHC) reserved on Tuesday its verdict on a petition challenging the appointment of Barrister Murtaza Wahab Siddiqui as adviser for law and order to the chief minister (CM) and grant of minister's status to him.
While heading a two-judge bench, Chief Justice Sajjad Ali Shah observed that the legality of such appointment and grant of minister's status will have to be examined and reserved order to be announced later after the lawyers conclude final arguments on the matter.
Fareed Ahmed Dayo, a practising lawyer, had filed the petition, naming the CM, chief secretary, secretary/registrar of the National Judicial Commission, 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, and, thus, had experience of only six years.
He also argued that either the education minister or the vice-chancellor of the Karachi University 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 that the court 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 the 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 a law minister making constitutional representation before the provincial assembly, the National Judicial Commission and the Szabul.
During Tuesday's proceedings, advocate-general Barrister Zamir Ahmed Ghumro argued that the province has unlimited administrative responsibilities but has only 18 ministers. Therefore, the advisers have been appointed to help the CM.
CJ Shah observed that it will have to be seen whether the CM had appointed Siddiqui to reward him or it was really needed. The judge questioned that since the provincial advocate-general can advise the CM on legal issues, then why there is a need to appoint an adviser for the same.
The bench reserved its verdict on the matter and directed the lawyers representing the petitioner, the respondent and provincial government to file their written comments, if any.
Published in The Express Tribune, October 26th, 2016.