The Supreme Court on Monday issued notices to Special Assistant to Prime Minister on Overseas Pakistanis and Human Resource Development Zulfiqar Abbas Bukhari and other respondents in a petition seeking removal of Bukhari from the office.
A three-judge bench headed by Chief Justice Mian Saqib Nisar heard the petition of Mirza Abdul Moiz Baig and Muhammad Adil Chatta, law graduates from Lahore University of Management Science (LUMS). They have filed the petition under Article 184(3) of Constitution and made secretary Cabinet Division, Prime Minister Imran Khan and Zulfiqar Abbas Bukhari, Special Assistant to Prime Minister on Overseas Pakistanis and Human Resource Development, as respondents.
Zafar Iqbal Kalanauri Advocate, representing the petitioner contended that it is a cardinal principle of law and justice 'what cannot be done directly, cannot be done indirectly.' A person who is otherwise disqualified to become a member of Parliament is ineligible to become minister or can't be given the status of minister of state by appointment him as special assistant to prime minister.
He urged the bench to restrain Zulfiqar Bukhari from performing his functions as special assistant to the PM and to declare the notification dated 14-09-2018 void as the appointment was made unlawfully in violation of the Constitution.
The petitioners said that their fundamental rights to life and dignity as guaranteed under Article 9 and 14 of the Constitution are being negated by the arbitrary and unreasonable exercise of discretion by the Prime Minister. The appointment of honest individuals to public offices, in accordance with law, forms the foundation of good governance, thus allowing the fulfillment of fundamental rights, including the right to life and dignity.
They contended: "It is also settled law that even chief executive of the country is not above the Constitution." They said under Article 63(1)(c), the individuals who possess dual citizenship are disqualified from become members of the Parliament therefore rendering them disqualified to serve as federal of minister of state.
Zulfiqar Bukhari was appointed as Special Assistant to the Prime Minister on Overseas Pakistanis and Human Development with the status of minister of state. He is British citizen holding passport number 518157071.
Comments
Comments are closed.