Appointments of PM’s aides challenged in Lahore High Court

A petition has been filed in the Lahore High Court against the appointments of 16 advisers and special assistants to the prime minister.

The petitioner through advocate Nadeem Sarwar filed a petition contending the court that respondents Abdul Hafeez Sheikh, Abdul Razak Dawood, Amin Aslam, Dr Ishrat Hussain, Zaheeruddin Babar Awan, Muhammad Shehzad Arbab, Mirza Shahzad Akbar, Syed Shehzad Qasim, Dr Zafar Mirza, Moeed Yusuf, Zulfikar Bukhari, Nadeem Babar, Sania Nashter and others not being members of the National Assembly cannot be constitutionally federal ministers and therefore, cannot exercise authority and power of the federal government which is the domain of elected representatives of the people.

The petitioner submitted in the court that perks and privileges enjoyed by all these respondents are violative of fundamental rights of citizens of Pakistan and appointments of dual nationals as special assistant and advisers are against the national interest and defence of Pakistan.

The appointments of the respondents in the cabinet are also unconstitutional and void being inconsistent with the provisions of the Constitution of Pakistan.

“It is very clear in Article 92 that provides that the federal ministers of state can be appointed from amongst the members of parliament on the advice of the prime minister. There is no provision in the Constitution, which authorises conferring the status of federal ministers of state upon special assistants and advisers.

“The authority of state of Pakistan has been expressly ordained to be exercisable through the chosen representatives of the people.

“The federal ministers have authority to perform functions of their ministers and the prime minister has no power to take over the functions and authority of a federal minister,” the petition read. “There shall be no cabinet even if one federal minister has not been appointed because cabinet alone can exercise power of the federal government.

“It is the cabinet of the ministers which has been authorised by Article 9 (1) and the prime minister is only the head of the cabinet. He cannot assume the power of a federal minister and exercise his functions. Even if one minister is missing, there can be no cabinet. Therefore, no exercise of authority by the prime minister and other minsters alone.”

He contended that the perks and privileges enjoyed by advisers and special assistants as breach of trust and violation of fundamental rights of citizens of Pakistan. “All these benefits are awarded in consideration of political loyalty at the expense of people of Pakistan.”

He prayed the court to declare that unelected persons cannot assume the power of a federal minister because only a chosen representative of the people can exercise the power and authority of the state.

“Since it has been provided in Article 90 (1) that the executive authority of the federation shall be exercised by the federal government which shall consist of prime minister and federal ministers, therefore, the federal government is not legally constituted on account of insertion of five unelected persons and the prime minister alone cannot act unless the cabinet is duly consisted by appointment of all the federal minsters who are elected members of parliament.”

He pleaded the court to direct the federation to implement the provisions of Article 90 (1) to appoint all the federal ministers, remove the unelected persons and complete the cabinet while appointing elected persons as federal ministers.