Pushing the limit: Govt asked to reply over ‘illegal’ appointment of CM’s advisers, assistants

ANP lawyers’ wing submits petition at PHC, demanding 7 of 12 appointees be shown the door.

PESHAWAR: The Peshawar High Court on Thursday asked the provincial government to submit a reply on a case challenging the appointment of 12 advisers and special assistants to the chief minister (CM).

The case was filed by Muhammad Rafiq Momand, the general secretary of Malgari Wakeelan – the lawyers’ wing of the Awami National Party.

The notice was issued by a division bench comprising Justice Yahya Afridi and Justice Musarrat Hilali who were informed by Momand’s counsel Khushdil Khan that the provincial government has appointed five advisers and seven special assistants which is against the Constitution.

The petitioner says, on the advice of the CM, the governor has appointed 12 advisers and special assistants by invoking the provision of sub-section 1 of Section 3 of the Khyber-Pakhtunkhwa Advisers and Special Assistants to the CM (appointment) Ordinance, 1989.

“Under clause 11 of Article 130 of the Constitution of the Islamic Republic of Pakistan, 1973, the CM can appoint only five advisers and there is no provision for the appointment of more special assistants or advisers other than the five mentioned in the Constitution. Therefore, the governor and CM have acted in violation of the Constitution and made unlawful appointments of their favourites and have thus burdened the exchequer of this poor province,” stated the petition.

It went on to read that the 1989 ordinance and rule 33-A of the Rules of Business, 1985 under Article 139 of the Constitution are inconsistent with the provisions of clause 11 of Article 130 of the Constitution, therefore, both are void ab-initio (to be treated as invalid from the begining) and are liable to be struck down.

Sub-section 1 of Section 3 of the 1989 ordinance states, “to assist the Chief Minister in the performance of his functions, the Governor may, on the advice of the CM, appoint as many persons as he considers necessary, to be advisers and special assistants to the CM.”

However, Section 11 of Article 130 of the Constitution reads the chief minister shall not appoint more than five advisers.

The petitioner demanded the court strike down the appointments of more than five advisers and special assistants, and declare them illegal, without lawful authority and without jurisdiction. These advisers and assistants should be restrained from holding public office, and drawing privileges and financial benefits attached with their respective positions, asked the petitioner.

CM Pervez Khattak’s advisers include Jamshiduddin on excise and taxation, Yaseen Khan Khalil on physical planning, Haji Qalandar Khan Lodhi on food department, Malik Qasim Khan Khattak on prisons and Haji Abdul Haq on inter-provincial coordination. Whereas the CM’s special assistants include Mushtaq Ahmad Ghani on higher education, Dr Mehr Taj Roghani on social welfare, Malik Amjad Khan Afridi on housing, Shakeel Ahmad on population welfare, Ziaullah Afridi on minerals, Suron Singh on minorities and Abdul Karim on technical education.

Published in The Express Tribune, February 14^th, 2014.