Advisers’ appointment case: Court wants chief secretary’s guarantee on paper

Official to sign statement vowing that no advisers are exercising ministerial authority or receiving perks

KARACHI: The Sindh High Court (SHC) sought on Friday a statement duly signed by the provincial chief secretary to the effect that no advisers or special assistants are exercising ministerial authority or receiving perks and privileges.

A two-judge bench, headed by SHC Chief Justice Sajjad Ali Shah, was hearing a petition filed against the adviser on labour and human rights, Saeed Ghani, for allegedly exercising executive authority in the affairs of the Sindh Employees Social Security Institution (Sessi).

On December 7 this year, the court had restrained Ghani from exercising any executive authority in the affairs of Sessi or chairing its meetings until further orders.

The matter was taken to court by Abdul Sattar Niazi, who argued that despite the court's orders against advisers using ministerial powers, the ruling government party's senator was holding a meeting of Sessi's governing body.

On the last hearing, chief secretary Rizwan Ahmed Memon had maintained that none of them was exercising any executive authority or ministerial powers or holding any portfolio and the chief minister consulted with them strictly as advisers ever since the court passed its judgment in the advisers' case. Contesting his claim, the petitioner had alleged that, although the chief secretary had given a statement that no adviser had been given any minister's portfolio nor were they exercising any executive authority, Ghani had called a meeting of the Sessi governing body as its chairperson. He argued that only the labour minister could be the Sessi chairperson under the Sindh Employees Social Security Act.

According to the petitioner, one person, Khan Abro, had been appointed as coordinator to the chief minister's adviser in his private capacity and was being paid from the public exchequer.

Issuing notices, the judges had ordered that Ghani would neither exercise any executive authority nor chair any meeting of Sessi and any order passed by him or his coordinator would be of no consequence.

During Friday's proceedings, the petitioner's lawyer, Mohammad Ali Lakhani, once again alleged that Ghani was continuing as minister of the labour and human resources department.

Denying such allegations, additional advocate-general Barrister Ghulam Mustafa Mahesar said since the court had passed its judgment in the advisers' case, no adviser has been exercising executive authority of the state nor have they been given any portfolio, perks and privileges of a minister.

This visibly irked the bench members, who observed that the court was being compelled to not trust law officers who were supposed to assist the court. Therefore, the bench members directed the law officer to file a statement under the signature of the chief secretary to the effect that none of the advisers and special assistants to the CM were exercising ministerial powers or given portfolio, perks and privileges in compliance of the court's judgment.

CJ Shah cautioned that contempt of the court proceedings will be initiated against those found to be violating the judgment of the court.

Mahesar assured that such statement under the signature of the chief secretary will be filed within three days. Allowing time, the bench adjourned the hearing till December 16.

The court had on November 22 nullified two legal amendments made by the provincial government to the Rules of Business regarding appointment and delegation of ministerial powers to advisers and special assistants to the chief minister.

Subsequently, it had declared Barrister Murtaza Wahab's appointment as an adviser illegal.

Published in The Express Tribune, December 10^th, 2016.