IHC asks govt to file reply on removal of KPT chief

The Islamabad High Court (IHC) has directed the federal government to file a comprehensive reply on removal of Rear Admiral Jamil Akhtar (retired) as chairman Karachi Port Trust (KPT) that justify interference of maritime minister and the secretary in the KPT affairs.

A single bench of IHC Chief Justice Athar Minallah on Thursday hearing the case maintained stay order against the removal of Jamil Akhtar as chairman KPT.

The bench noted; "The additional attorney general [Tariq Mehmood Khokkar] has been heard at length. After hearing, it appears that a more detailed reply is required to be filed by the respondent, particularly the secretary Ministry of Maritime Affairs and respondent no 5 (Minister for Maritime Affairs) to justify interference in the affairs of the Karachi Port Trust."

It added: "It prima facie appears that the federal cabinet was not properly briefed, while submitting the case. The AAG could not satisfy this court that allegations of irregularities could be raised on the basis of an audit, which has not been completed."

The chief justice maintained that the additional attorney general also could not show that appointment of private auditors and the fee could be authorised by the ministry.

It further said: "The additional attorney general shall satisfy this court as to how private auditors could be appointed when even forensic audit could have been conducted through the auditor general of Pakistan."

The hearing was adjourned until April 16th.

Akhtar was appointed the chairman of the KPT by the Pakistan Muslim League-Nawaz government on November 23, 2017 for three years but the federal government removed him from the post on March 25, citing various reasons.

According to a notification issued by the Establishment Division on March 25, the federal government removed Akhtar from the post "forthwith by modifying/reducing his period of initial appointment in terms of Section 11 of the KPT Act, 1886, with immediate effect."

Later, another notification of the division said that "the federal government is pleased to assign additional charge of the post of the chairman of the Karachi Port Trust (KPT) to Mr Shakeel Mangnejo (BS-21), Director General of Ports and Shipping, Karachi, under the Ministry of Maritime Affairs, for a period of three months."

However, a notification issued by the Ministry of Maritime Affairs stated that Akhtar had been removed from the office of the chairman of the KPT with immediate effect because of "irregularities in the KPT".

In the same notification, the ministry directed Mangnejo to assume the additional charge of the KPT chairman in accordance with the notification issued by the Establishment Division.

Another notification related to the issue stated that the "federal government, in exercise of the powers conferred under Section 11 of the KPT Act, 1886, has been pleased to remove Rear Admiral Jamil Akhtar HI (M) (retired) from the post of chairman KPT forthwith."

The petitioner's counsel contended argued that without placing the matter before the federal cabinet, the federal government had issued the impugned notification of March 25 and that, too, by misinterpreting the Section 11 read with Section 15 and 15(A) of the Karachi Port Trust Act, 1886.

The counsel for the petitioner stated that once a trustee or the chairman was appointed, then his removal could only be made on the grounds clearly written in the above-mentioned sections of the KPT Act.