PHC restores CM’s advisers, special assistants

Court suspends interim order after govt argues appointments were constitutional

PESHAWAR: The Peshawar High Court (PHC) on Wednesday allowed the two advisers and three special assistants to the provincial chief minister to resume their duties.

The decision was taken as a two-member bench of the court, comprising Justice Ikramullah and Justice Musarrat Hilali, as they heard the government’s reply in a writ petition filed by former Khyber-Pakhtunkhwa (K-P) Assembly deputy speaker Khushdil Khan.

K-P Advocate General Abdul Latif Yousafzai told the court during Wednesday’s hearing that the appointments of the two advisors, Ziaullah Khan Bangash for education affairs and Hamayatullah Khan on energy and power along with the appointments of the three special assistants including Abdul Karim Khan for industry and commerce, Kamran Bangash for science and information technology and Ajmal Wazir on the newly merged districts, were legal.

He further argued that these appointments were made per procedures listed in the constitution and that there are legal precedents in the history of the assembly to appoint them.

Yousafzai further contended that even during the time the petitioner’s party, the Awami National Party (ANP) ruled the province, his chief minister Haider Hoti also appointed advisers and special assistants for smoothly running the affairs of the government.

The advocate general argued that the chief minister, who is the chief operating officer of the province, has the authority under the constitution to appoint up to five advisers and special assistants.

Hence, the appointment of the two advisers and three special assistants was in light of that. Hence, Yousafzai argued that the actions of the chief minister should be termed as legal and the suspension of the appointment notification by the court should be set aside.

The writ petition does not carry enough value to be maintained, hence it should be dismissed, the advocate general pleaded with the bench, adding that the petitioner has hidden far too many facts from the court while the petition was politically motivated.

After hearing the arguments, the court issued a short order wherein it stated that the governor has appointed all advisers and assistant on the request of K-P Chief Minister Mahmood Khan.

It ordered to suspend the interim decision of the court and restored the advisers and special assistants to their posts.

The PHC had on June 13 suspended the notification for appointing the advisers and special assistants while hearing the writ petition filed by Khushdil Khan. The court had directed the provincial government to file a reply.

The provincial government had subsequently decided to challenge the court’s order.

Published in The Express Tribune, June 27^th, 2019.