SC registrar's objection on plea against appointment of PM's aides challenged

Petition contends that the federal government has no authority to appoint any unelected person as advisers, SAPMs

Hasnaat Malik May 06, 2020
Supreme Court of Pakistan. PHOTO: AFP

Lawyers challenged the Supreme Court (SC) registrar's order for not entertaining their constitution petition against the appointment of Prime Minister Imran Khan's advisors and special assistants.

Counsel Muhammad Arshad Khan and Ghulam Dastagir Butt had filed a constitutional petition under Article 184(3) through Jahangir Jadoon, also an office bearer of the Pakistan Muslim League-Nawaz’s (PML-N) legal wing.

The petition contends that the federal government has no authority to appoint any unelected person as an adviser and SAPM [special adviser to the prime minister] with the status of a federal minister and minister of state.

The SC registrar’s office, while returning the petition earlier had raised an objection over the petitioners not approaching the proper forum to have their grievances addressed.

The petitioners have now challenged the registrar office’s objections.

SC rejects plea challenging appointment of PM's advisers, special assistants

The application states that the very purpose of invoking the jurisdiction of the apex court under Article 184(3) of the constitution was to restore the public's confidence in the judicial institution of this country.

“The registrar has completely ignored that petitioners have a right to access to justice,” the petition states.

It is also stated that registrar is the executive head of office and he cannot decide on the legal issues pertaining to the maintainability of a constitutional petition.

The petition argues that the apex court had recently examined the appointment/extension of the Army Chief and issued a detailed judgment over it.

The application requested the SC to set aside the April 21 order and entertain the petition by ordering to assign it a number and fix it before the court for hearing.


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