Daily Times

KARACHI: The Sindh High Court asked the litigant on Wednesday to place on record the dairy of the attendance of advisors and special assistants to Sindh chief minister in cabinet meetings.

This direction came on a petition filed by a civil rights campaigner who had moved to the court against the appointment of excessive number of advisers and special assistants in the Sindh cabinet and the grant of the status and privileges of the minister to them.

Chief Justice Sajjad Ali Shah, who headed the division bench, questioned the legality of the participation of the advisers and special assistants to the chief minister in the cabinet meetings and asked the petitioner present the attendance sheets of the cabinet meetings which included the record of their participation.

The counsel for Sindh government had requested the court to put off the matter until it pronounce the verdict reserved on a petition questioning the appointment and grant of minister’s status to Sindh chief minister’s adviser on law Barrister Murtaza Wahab. The hearing was adjourned till Nov 22.

The petitioner submitted that Sindh Chief Minister Sindh Syed Murad Ali Shah had appointed 17 provincial ministers, advisors and special assistants in the first phase and subsequently, he raised his cabinet by appointing 9 more ministers and 11 special assistants in the second phase.

He said the chief minister has acted in violation of Article 130(6) of the Constitution that bounded the government not to exceed the strength of the cabinet from eleven percent of the total members of the provincial assembly.

The petitioner argued that after the 18th constitutional amendment, it was mandatory that the strength of the cabinet would be 11 percent of total membership of the assembly; however, the Sindh chief minister had appointed more than 18 provincial ministers along with excessive advisers and special assistants

According to Article 92 and Article 130 (11), he said, the chief minister was allowed to appoint five advisors, but the Sindh CM had appointed 18 members as ministers and many others as advisors and special assistants, who are allowed to attend the cabinet meetings and are given the status and privileges of the provincial ministers.

The petitioner had pleaded the court to declare that the appointment of excessive minister, advisers and special assistants was violation of the country’s Constitution.

The court had earlier reserved its verdict on a petition questioning the appointment and grant of minister’s status to Sindh chief minister’s adviser on law Barrister Murtaza Wahab.

The petition was filed by Advocate Fareed Ahmed Dayo, who challenged the appointment and subsequent grant of minister’s status to the law adviser.

Advocate Dayo had contended that Wahab was appointed advisor to the CM on law and a few weeks later he was given the status of minister in violation of Artcile 129 of the Constitution.

He argued that the law adviser was also appointed chairman of the board of governors for law colleges in Karachi in violation of two notifications issued by the provincial government, which state that either the education minister or the vice chancellor of Karachi University can hold that position only.

Advocate Dayo further said that Wahab’s appointment was made on political basis as he lacked the credentials required for the job. He also attended meetings of the Judicial Commission of Pakistan in violation of Article 175(A) (5) (iii) of the Constitution since he was the adviser, not a law minister.

He argued that the CM could not give the status of minister to any adviser as there was a complete ban on it under the constitution and Rules of Business, nor could the adviser hoist Pakistani flag on his motor vehicle under Pakistani Flag Rules 2002.

He had pleaded the court to declare the appointment of the law adviser unlawful and also the minister’s status given to him.