SC rejects petition challenging Zulfi Bukhari’s appointment

Petitioners did not approach proper forum, says apex court registrar

ISLAMABAD:  

The Supreme Court registrar on Friday returned a constitutional petition against the appointment of Syed Zulfiqar Abbas Bukhari, popularly known as Zulfi Bukhari, as special assistant to the Prime Minister.

The Supreme Court registrar raised objections, saying the petitioners did not approach the proper forum and the prime minister has been impleaded as a respondent in the petition, which cannot be done under Article 248 of the Constitution.

Bukhari is a close aide and friend of Prime Minister Imran Khan and was appointed as special assistant to the prime minister for overseas Pakistanis and human resource development.

The petition filed under Article 184(3) of the Constitution takes issue with Bukhari’s dual nationality and states that he is currently under investigation by the National Accountability Bureau (NAB).

PHOTO:EXPRESS

The challenge to Bukhari’s appointment comes from Mirza Moiz Baig and Adil Chattha, two recent law graduates of the Lahore University of Management Sciences (LUMS).

Baig and Chattha said that the registrar’s was not a judicial order, which would be challenged soon.

They also raised the point that the Supreme Court had in the past accepted petitions wherein the PM was impleaded as a party, citing cases of Yousaf Raza Gilani and Nawaz Sharif. They said the court in those cases held that the immunity under Article 248 was not absolute.

The petition they filed argues that a person ineligible to become a member of parliament, and thus a federal minister, cannot be given the status of state minister through appointment by the prime minister as a special assistant.

It further states that such an appointment “paves the way for dual citizens and those guilty of inter-alia, misdeclaration of assets and contempt of court to be entrusted with decisions that determine the fate of the country”.



The challenge to Bukhari’s appointment comes from Mirza Moiz Baig and Adil Chattha, two recent law graduates of the Lahore University of Management Sciences (LUMS).

Baig and Chattha said that the registrar is not a judicial order which would be challenged soon.

They also raised the point that the Supreme Court has in the past accepted petitions wherein the PM was impleaded as a party, including in the cases of Yousaf Raza Gilani and Nawaz Sharif. They said the Court in those cases held that the immunity under Article 248 was not absolute.

The petition they filed argues that a person ineligible to become a member of the Parliament and thus a federal minister cannot be given the status of a state minister through appointment by the prime minister as a special assistant.

It further states that such an appointment “paves the way for dual-citizens and those guilty of inter-alia, misdeclaration of assets and contempt of court to be entrusted with decisions that determine the fate of the country”.



In 2015, the Supreme Court took exception to the prime minister’s appointment of Shujaat Azeem, also a dual national, as a special assistant to the PM on aviation.

Special Assistant to Prime Minister on Media Iftikhar Durrani had defended Bukhari’s appointment after the move was criticised by politicians and sections of the media.

Durrani said, “Bukhari is a respected citizen with the required credentials to execute the job.”

When asked why an individual with active NAB inquiries was given the position, Durrani said, “Bukhari is being subjected to political victimisation for allegations moved by the previous government. Bukhari is close to and is comfortable with the prime minister. It will be unfair to remove him from office until an actual reference is filed.”

Durrani assured that Bukhari would step down if he was found involved in any wrongdoing. He emphasised that the government takes corruption references seriously.