Sindh govt extends IBA executive director’s term by four years

Interim setup accepts advocate general’s view, rejecting ECP recommendation

KARACHI:

The Sindh government’s decision to extend Dr. Akbar Zaidi’s tenure as Executive Director of IBA Karachi by four years has ignited controversy due to legal and procedural irregularities.

This development deviates from customary practice observed in Sindh’s government universities and examination boards department, where it has been lately seeking Election Commission of Pakistan (ECP) approval for appointments and extensions.

Despite lacking a specific duration in the legal opinion from the Advocate General of Sindh, Chief Minister Justice (retd) Maqbool Baqar decided to extend the term of the IBA executive director by four years, based on the legal opinion provided by the office of the Advocate General Sindh.

The ECP, in a letter dated January 5, initially permitted a three-month extension for Zaidi. However, on January 10, Sindh government received the legal opinion of Additional Advocate General Sindh Syed Muhammad Saulat Rizvi. He stated that there was no need to put the issue of extending the tenure of the IBA executive director before ECP, because it was not related to the election affairs and management.

The letter also clarified that the employees and officers of IBA were not civil servants. Further, it has been said in the letter that the decision of the ECP of December 5, 2023 has been suspended by Sindh High Court (SHC), and the court’s order of December 29 will prevail over ECP’s ruling.

It should be recalled that ECP on December 5, stopped the Sindh government from extending the tenure of Zaidi, after which Syed Nadeem Hussain filed a petition against ECP order in SHC. Consequently on December 29, SHC suspended the ECPs order restricting extension of IBA executive director till January 30, 2024.

Read IBA executive director granted 3-month extension

The evidence obtained from the Sindh Government’s Department of Universities and Boards and the Services, General Administration and Coordination Department (SGA&CD) indicates that the basis for the extension was a letter containing the legal opinion of the Advocate General of Sindh, as per the government’s request.

However, this letter only suggests the extension of the tenure without specifying the duration. After receiving the Advocate General’s opinion, Baqar decided to extend the term by four years.

It should be noted that ECP had initially allowed a three-month extension, but the Sindh government sought the Advocate General’s opinion, arguing that the ECP’s decision did not apply to IBA employees who were not public servants.

The final opinion stated that there was no need to present the matter to ECP. The letter also cited that SHC has already ordered suspension of the ECP’s decision.

Despite the final opinion referencing a three-month extension, the Sindh government issued a notification for a four-year extension, departing from established practices and creating confusion.

This move raises concerns about adherence to constitutional norms and the need for a consistent approach in all government universities and examination boards.

Attempts to seek clarification from the CM’s spokesperson Rashid Channa been met with silence, amplifying concerns over adherence to constitutional norms as the IBA Executive Director’s initial four-year term concludes on January 13, 2024.

Published in The Express Tribune, January 13^th, 2024.