ISLAMABAD: The Supreme Court issued notices in Balochistan government’s appeal against the Balochistan High Court’s (BHC) judgment on the appointment of special assistants to the provincial chief minister.
A three-judge bench, headed by Justice Ijazul Ahsan, on Monday heard the Balochistan government’s appeal.
During the proceedings, Justice Mazahar Ali said the case has become ‘infructuous’ as the Balochistan government which had filed the appeal is no more in power.
The additional advocate general contended that although the case pertains to the previous government but in this case, the high court had set aside the law. He further argued that the apex court has already passed a judgment in a similar case of the Sindh government.
The AAG Balochistan informed that the BHC did not issue notice to the advocate general under Rule XXVII, which is a must. He requested the court to suspend the high court’s verdict.
Upon that, Justice Ijaz questioned when the BHC had declared the law null and void then what they suspend. However, the bench after hearing the arguments issued notices.
The BHC, in April 2020, had declared the Appointments of Special Assistants to the Chief Minister Balochistan Act, 2018, null and void and the appointments of six special assistants to the Balochistan chief minister unconstitutional.
Chief Minister Jam Kamal Khan Alyani appointed Agha Shakeel Durrani, Nawabzada Arbab Omar Farooq, Ijaz Sanjrani, Captain Abdul Khaliq Achakzai (retd), Ramen Mohammad Hassani and Hassnain Hashmi as his special assistants.
The high court had also ordered the special assistants to the chief minister to return all incentives they received from the government except their salaries.
In the petition, Advocate Kakar argued in the court that the act was contradictory to the law of the land and therefore, it should be set aside.
Under Article 130, Subsection 11 of the Constitution of Pakistan, chief minister cannot appoint more than five advisors. Therefore, the appointment of special assistants to CM is unconstitutional, maintained the high court.
The act was passed in November 2018 immediately after which the provincial Chief Minister Jam Kamal appointed his close aides as special assistants.
The court adjourned the case for two weeks.
Copyright Business Recorder, 2023
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