The incumbent government has decided to review all top level appointments made during previous governments without formal approval from the Federal Cabinet. In this regard, Secretary to the Prime Minister has written a letter to all the Ministries/ Division and sought details of all such appointments, after Islamabad High Court (IHC) declared the appointments of Chairperson and two members of the Competition Commission of Pakistan (CCP) illegal.
According to the letter, Secretary to Prime Minister stated that Islamabad High Court in ICA No. 36/2020, in its judgment of April 23, 2020 has held as follows "we have no doubt in our minds that the reappointment of Chairperson and two members of the CCP were not made by the Federal Government as explicitly provided under the Act of 2010 and, therefore, they were without jurisdiction, void and non-est," Supreme Court of Pakistan, in its judgment reported as PLD 2016 SC 808(Mustafa Impex Case) of August 18, 2016, had declared that the federal government included the Prime Minister and his or her Cabinet. The Prime Minister, or any other Minister/ Secretary, cannot exclusively and solely represent the federal government, and whenever any law requires that a decision be made by the federal government, then it should be the decision of the Cabinet inclusive of the Prime Minister.
In view of both judgments of the superior courts, the prime minister has directed that all Federal Secretaries/ Additional Secretaries (Incharge) of all Divisions shall carry out an exercise indicating all such appointments made after August 18, 2016, requiring approval of the federal government/ Cabinet as per the relevant laws/ rules/ regulations, which were made without the approval of the federal government/ Cabinet. The list shall include all such appointments also which were made pursuant to the delegated powers of federal cabinet to a Federal Minister/ Secretary, being illegal, void and without jurisdiction. The prime minister has further directed that this exercise should be completed by April 30, 2020 and the lists should be shared with Cabinet Secretary who shall present before the Federal Cabinet in its meeting tentatively scheduled on May 5, 2020.
An official told Business Recorder that appointments at the level of Chairman, Chief Executive Officers or Managing Directors are made for three years with some extendable period, adding that almost all such appointees have already completed their terms.
Another official said that the cabinet of former Prime Minister Nawaz Sharif had ratified all appointments in the light of Supreme Court judgment. He further stated that the letter written by the Secretary to the prime minister has not yet been received in the ministries officially.
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