Advisers can’t be given portfolios, holds SHC

Petitioner argues that CM allowed only 5, not 17.

KARACHI:

Advisers to the chief minister cannot be given portfolios, held a division bench of the High Court of Sindh (SHC) comprising Justices Gulzar Ahmed and Shahid Anwar Bajwa while disposing of a constitutional petition on Monday.

The petition was filed on the appointment of advisers in violation of Article 130 of the Constitution of Pakistan, which allows only five advisers.

The petition was filed by a political activist and member of the central committee of the Sindh Dost Democratic party, Alf Jatoi, represented by Barrister Zamir Ghumro. Jatoi maintained that Chief Minister Qaim Ali Shah appointed Mian Rashid Hussain Rabbani, Senator Gul Muhammad Laat, Qurban Ali Behan, Waqas Malik, Mufti Ferozuddin Hazarvi, Sharmila Farooqui, Ghulam Qadir Malkani, Babar Leghari, Imamuddin Shauqeen, Muhammad Siddique Abu Bhai, Jehangir Dilawar Khanjee, Sardar Aamir Khan Bhutto, Jamil Ahmed Soomro, Kaiser Bengali, Imtiaz Ahmed Shaikh, Fazalur Rahman and Zubair A Motiwala as advisers.

The advisers were given portfolios as ministers, which, according to the petitioner, was “against the norms of representative government”. These people were appointed without any constitutional mandate or legal authority by the chief minister, the petitioner stated. The advisers are a burden on the public exchequer and taxpayers’ money is wasted upon them, he maintained, praying the court to ask the appointing authority to show under what law 17 instead of 5 advisers were appointed.

He urged the court to restrain them from interfering in the departments and official functions as they held portfolios. The unelected adviser cannot be given the status of a minister, the petitioner submitted, praying to the court to declare that the advisers so appointed cannot exercise the powers of a minister.

While the petition was pending, the Sindh government rescinded a notification for 12 advisers, who stepped down.

The bench disposed of the petition and held that the appointment of advisers beyond the number five is illegal. The bench also held that no portfolio could be given to an adviser and they cannot act or work as a minister.

Published in The Express Tribune, May 31^st, 2011.