A IHC division bench has issued detailed judgment on petition moved by lawmaker Rana Iradat Sharif Khan challenging last year notification of the government regarding aides and assistants to PM to head its committees.
ISLAMABAD: (UrduPoint/Pakistan Point News-Dec 8th, 2020) Islamabad High Court (IHC) held that unelected advisers and special assistants could not head the government’s committees on privatization process (CCoP).
The government last year had formed a committee for privatization process and issued a notification in this regard. Advisor to PM on Finance Abdul Hafeez Sheikh was made head of the committee.
A IHC division bench comprising Justice Amir Farooq and Justice Ghulam Azam Kambrani decided the matter regarding committee under elected advisers and special assistants for privatization process.
“Unelected advisers and special assistants could not head the government’s committees,” the bench ruled.
The court also nullified the notification of the CCoP under Special Aide to PM on Finance Abdul Hafeez Sheikh.
“Unelected advisers and special assistants could not interfere into the executive’s domain,” Justice Amir Farooq observed while announcing short order on Monday.
Lawmaker Rana Iradat Sharif Khan through his counsel Barrister Mohsin Shahnawaz Ranjha had questioned the appointment of Mr Shaikh as chairman and Adviser to the PM on Commerce and Investment Abdul Razak Dawood and Adviser to the PM on Institutional Reforms and Austerity Dr Ishrat Hussain as members of the CCoP.
It is a settled rule that the prosecution argued that the cabinet constituted the prime minister and the ministers who were the elected members of parliament.
The petitioner had challenged the April 25, 2019 notification that nominated Adviser to the Prime Minister on Finance and Revenue Hafeez Shaikh, Adviser to the PM on Commerce and Investment Abdul Razak Dawood, Adviser to the PM on Institutional Reforms and Austerity Dr Ishrat Hussain, Minister for Communications Murad Saeed, Senator Farogh Naseem, Minister for Planning and Development Asad Umar, Minister for Privatisation Mohammadmian Soomro and Minister for Power Omar Ayub Khan as members of the CCoP.
