BSEK chairman’s medical report sought by SHC

The Sindh High Court (SHC) on Friday directed secretary health to submit a medical report to assess the health condition of under detention chairman of the Board of Secondary Education Karachi (BSEK), Anwar Ahmed Zai.

The directives came on a petition of Matric board chief’s who had moved the court against his arrest in a corruption reference initiated by the National Accountability Bureau (NAB), pertaining to charges of illegal appointments in the Mirpurkhas board during his tenure as chairman from 2004 to 2007.

The court had earlier directed the health secretary to constitute a medical board to examine Zai’s health and directed him to seek the board’s opinion with respect to the petitioner’s condition.

NAB officials alleged that Zai had appointed seven people on grade-16 and above without advertising the posts, as was required under the stated laws.

Seeking post-arrest bail for the BSEK chief, his counsel denied the allegation maintaining that all appointments were made on the basis of merit, whereas all rules as well as the due procedure was followed.

The counsel also sought constitution of a medical board to examine the health of the petitioner submitting that his client was a heart patient and required medical treatment.

Adjourning the matter till October 4, the court directed the secretary health to submit a medical report of the petitioner on the next date of hearing.

NAB’s prosecutor had in his comments submitted to the court maintained that the petitioner did not come before the court with ‘clean hands’ and filed a petition to circumvent the normal process of criminal proceedings.

He had maintained that the accountability court took cognisance of the matter and the petitioner was not entitled to any relief.

The BSEK chairman was arrested by NAB on charges of corruption, illegal appointments and out-of-turn promotions. He was alleged to have committed the crimes during his time as chairman Board of Intermediate Education Karachi (BIEK) and in-charge of examination board in Mirpurkhas.

According to a NAB official, Zai would also be investigated for result tempering during his time at different boards and centres. Zai had served as deputy director and district education officer Mirpurkhas, in 1990 he was appointed director education Karachi.

He then went on to serve as additional secretary education, Sindh, additional secretary development finance and planning, and additional secretary academics.

Plea against CM’s law adviser

The SHC adjourned the hearing of a petition against granting the chief minister’s adviser on law the status of a minister after hearing arguments of the petitioner’s counsel.

Petitioner Fareed Ahmed Dayo had submitted in his petition that Barrister Murtaza Wahab was appointed adviser to CM Sindh on law, on April 30, 2015 and a few weeks later was given the status of a minister, which he contended, was against article 129 of the constitution.

He submitted that the advisor was also appointed chairman board of governors for law colleges in Karachi, in violation of two notifications issued by the provincial government which stated that either education minister or vice chancellor of the University of Karachi could hold the position in question.

Furthermore, the petitioner submitted that the law adviser also lacked necessary credentials to occupy the given posts and that his appointment was made on political basis.

Besides, he submitted that the law adviser was also pro-vice chancellor of the Shaheed Zulfiqar Ali Bhutto University of Law, adding, that the appointment was against Section 11 of the varsity’s own law- the Shaheed Zulfiqar Ali Bhutto University of Law, Karachi Act, 2012.

The petitioner further contended that Barrister Wahab was attending meetings of the Judicial Commission of Pakistan, which, he argued, was against article 175(A)(5)(iii) of the constitution, since he was an adviser not the law minister.

Referring to superior courts’ judgments, he requested the court to strike down the appointment of Barrister Wahab as advisor to chief minister Sindh on law, and subsequent status of law minister. The petitioner also pleaded to declare the re-constitution of board of governors for law colleges in Karachi illegal, and to issue direction for formulation of a criteria for appointment of the board’s chairman and non-official members. The court adjourned the hearing till October 4 for arguments of respondent’s counsel.