A three-member bench of the Supreme Court on Thursday admitted a petition, challenging eligibility of Sharmila Farooqui as the then advisor to Sindh Chief Minister for hearing. The bench observed that Sharmila's issue was the continuation of the NRO case, in which notices were issued to the federation as well all the four provinces.
The bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez after hearing petitioner Habibul Wahabul Khairi advocate, who is also chairman of Al-Jihad Trust, removed all the objections raised by the registrar office on to his petitions and directed that the petitions be fixed for regular hearing.
The Sindh government on February 1, 2011 fired 12 advisors, including Sharmila Farooqui, ostensibly to implement the 18th Amendment and save public money as part of an austerity drive. Khairi contended before the court that Sharmila Farooqui first cleared allegations against her through a plea bargain under the National Reconciliation Ordinance (NRO) and then became advisor to Sindh Chief Minister Syed Qaim Ali Shah. He said the office of advisor was a public office, which could not be held by Sharmila, because she was an NRO beneficiary.
He requested the bench to ascertain the salary and other perks and privileges of Sharmila which she had been drawing while in office as advisor. The CJP noted that Sharmila's issue was a continuation of the NRO case, adding that if she had entered into a plea bargain with the NAB, then her eligibility as an advisor should be reviewed. The CJP added that one of those who had benefited from NRO was not eligible to hold a public office.
At the outset of the hearing, the court asked the petitioner to remove some indecent words that he had used against her in his petition. Justice Khilji Arif Hussain said more care should be shown in the use of words about women. Arguing on another petition, Khairi said although the number of ministers in the federal cabinet was curtailed through the 18th Amendment, the decision was not implemented yet.
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