Contempt of court: SHC issues show-cause notice to chief secretary

Asked to submit why proceedings may not be initiated against him for giving false statement in court

KARACHI: The Sindh High Court (SHC) issued on Thursday a show-cause notice to the provincial chief secretary to explain why he may not be proceeded against for committing contempt of court by making misleading statements regarding the exercise of executive authority by advisers to the chief minister.

A two-judge bench, headed by SHC Chief Justice Sajjad Ali Shah, gave seven days to the provincial chief secretary Rizwan Memon for furnishing such an explanation in writing, which will be examined on the next date of hearing. The judges were hearing a petition filed by Abdul Sattar Niazi, who alleged that the adviser on labour and human resources, Senator Saeed Ghani, was exercising executive authority in alleged violation of the court's order, which declared that no adviser can exercise any executive authority and power or enjoy any perks and privileges of a minister.

The petitioner said that Memon had made a statement in the court that none of the advisers in the provincial government were given ministerial portfolios, nor were they conferred any such executive authority. On the contrary, he alleged that Senator Ghani was acting as the Sindh Employees Social Security Institution chairperson and had convened a meeting of the institution on December 15.

He added that the Sindh Employees Social Security Act, 2016, requires the chairperson of the institution to be the minister of labour.

His lawyer, Muhammad Ali Lakhani, said that the practice of assigning advisers the ministerial portfolios was still being done in violation of the Constitution and the SHC judgment that was passed against this in November. In that order, the court had also nullified two legal amendments made to the government's Rules of Business and the law regarding the appointment and delegation of executive powers to the advisers.

Memon told the judges earlier this month that none of the advisers were equivalent to a minister in the province and the government had fully complied with the court's November 23 verdict. However, the petitioner later pointed out that the Pakistan Peoples Party senator was still exercising such authority, therefore, violating the court's order. Upon hearing this, the bench had required Memon to file a statement under his signature to the effect that no adviser was enjoying such authority, in compliance of the court's order.

During Thursday's proceedings, a statement was filed on behalf of the chief secretary, stating that no violation of the court order was being committed by any of the advisers. On the other hand, Advocate Lakhani insisted that Senator Ghani was continuously flouting order by exercising executive authority in his department. This visibly irked the judges, who came down hard on Memon for his failure to get the court's orders and repeated directions implemented in its letter and spirit. The bench issued him a show-cause notice to explain in seven days why contempt of court proceedings should not be initiated against him for giving a misleading statement in the court.

Published in The Express Tribune, December 30^th, 2016.