SC admits Balochistan govt plea on CM’s special assistants

ISLAMABAD: The Supreme Court on Monday admitted for regular hearing the appeal of the Balochistan government, challenging the verdict of the Balochistan High Court declaring the Act 2018 regarding the appointment of special assistants to the provincial chief minister as null and void.

A two-member bench of the apex court, comprising Justice Ijazul Ahsen and Justice Mazahir Ali Akbar Naqvi, admitted the appeal of the Balochistan government for regular hearing and issued notices to the parties.

During the hearing, Justice Mazahir Ali Akbar Naqvi remarked that the instant matter has become infructuous and asked if the case still relates to the provincial government. The Balochistan additional advocate-general submitted that the matter related to the previous government, adding that the learned high court in Balochistan had declared Act 2108 as null and void.

He recalled that the Supreme Court had also given its decision regarding Sindh in a similar matter. The provincial law officer submitted that before issuing the judgment, the High Court of Balochistan (BHC) did not issue notices under Section 27-A. At this point, Justice Mazahir Ali Akbar Naqvi said that before declaring the Act 2018, the high court needed to issue a notice under 27-A.

Meanwhile, Justice Ijazul Ahsen said that they are issuing notices on the plea seeking suspension of the verdict and adjourning the matter for two weeks. On April 13, 2020, a two-member bench of the Balochistan High Court, comprising Chief Justice Jamal Khan Mandokhel and Justice Abdullah Baloch, had declared the Act 2018 regarding the appointment of special assistants to the chief minister of Balochistan as null and void.

On the petition filed by Advocate Ali Ahmed Kakar on behalf of Babar Mushtaq, the bench had also declared the appointment of special assistants to the chief minister as unconstitutional. The court had ordered the special assistants to return all the incentives they received from the provincial government except their salaries. Later, the Balochistan government moved the Supreme Court against the high court decision.