The Supreme Court rejected a petition against the appointment of the advisors and special assistants to Prime Minister Imran Khan. Registrar Office Supreme Court on Tuesday returned the petition by raising objections.
The order said; "The petitioners have not pointed out as to what question of public importance in the instant case are involved with reference to enforcement of any of the fundamental rights guaranteed under the Constitution, so as to directly invoke jurisdiction of the Supreme Court under Article 184(3) of Constitution."
"That the petitioners have not approached any other appropriate forum available to them under the law for the same relief. They have also not provided any justification for not doing so."
Lawyers Muhammad Arshad Khan and Ghulam Dastagir Butt through Jahangir Jadoon had filed the constitutional petition under Article 184(3) of Constitution with the prayer that appointment of advisors/special assistants to the prime minister and exercise of the executive authority by them may be declared against the Constitution and the law.
They prayed that Prime Minister Imran Khan did no have the authority to make such appointments with the status of federal minister and minister of state. The petition further argued that conferring the status of a federal minister and minister of state on advisers and SAPMs, and giving them executive authority, therefore, was unconstitutional, illegal, void and ultra vires to the Constitution and was liable to be set aside in the interest of justice and democracy.
The petition argued that the appointments made directly or indirectly to exercise the power and control the government department are against the Constitution, and should be dealt with in accordance with the law.
"The prime minister is neither a King nor a Monarch, but is in the domain of trust and under Article 5 of the Constitution, he is obliged to obey the Constitution and law like any other ordinary citizen, and while exercising his executive authority, his discretion is neither brazen nor arbitrary but subject to the Constitution, since he has taken the oath to discharge his duties and perform function solely in accordance with the Constitution of Pakistan," the petition stated.
It also stated that Rule 4(6) of Rules of Business 1973 is inconsistent with the constitutional guarantee in the form of fundamental rights of its citizen.
"The federal government has no authority to appoint any unelected person as advisers and SAPMs [special assistants to the prime minister] with the status of federal minister and minister of state," the petition maintained.
The petitioners have urged the apex court to declare that respondents No 6-24 [advisers and SAPMS] are not entitled to any financial benefits, including salaries, allowances, perks, and privileges.
"The respondents No 6-24 may kindly be directed to surrender all the salaries and other perks and privileges obtained from the date of assuming of office till their removal," the petition said. It also contends that under Article 1 of the Constitution, affairs of the state are to be run in accordance with the provision of the Constitution of Islamic Republic of Pakistan.
The petition cited Article 90, which states that "The Cabinet under Article 91 consisting of PM as its head and the Federal Minister and Ministers of State under Article 92 helped by the advisers under Article 93 having the Advice of Attorney General Under Article 100 of the Constitution of Islamic Republic of Pakistan for the exercise of the Executive Authority of the Federation under the Rules of Business 1973, made under Article 99 thereof and any other post or office or office unless provided under the Constitution or law etc. is illegal, void ab initio, ultra vires the Constitution and corm non-judice."
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