SHC puts off petition challenging appointment of adviser to CM on law

Author: Staff Report

KARACHI: The Sindh High Court on Friday put off a petition questioning the appointment and grant of minister’s status to Sindh chief minister’s adviser on law Barrister Murtaza Wahab after his counsel concluded arguments in the petition.

A division bench headed by Chief Justice Sajjad Ali Shah set October 25 for the next hearing when Advocate General Sindh would forward his arguments in the petition filed by Advocate Fareed Ahmed Dayo.

While defending the appointment of Wahab as adviser on law, Advocate Makhdoom Ali Khan argued that the chief minister had the authority to appoint adviser for consultation and call any adviser to attend cabinet meeting. The provincial secretaries of the government departments are also called to attend cabinet meeting, he added.

Contradicting Khan’s contentions, Advocate Fareed Ahmed Dayo said 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 stated that either education minister or vice chancellor of Karachi University can hold that position.

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 bar 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 as unlawful the appointment of the law adviser and the grant of minister’s status to him.

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