SHC disposes of plea as CS insists no adviser exercising ministerial powers

The Sindh High Court on  Wednesday disposed of a petition  that challenged exercise of  powers by the adviser to chief  minister on labour and human  resources in the affairs of the  Sindh Employees Social Security  Institution (SESSI).  The court based its decision  on a categorical statement  made by the chief secretary  that none of the chief minister’s  advisers were exercising  executive authority or powers  of ministers in violation of an  order of the court.  The petition had been filed  by Abdul Sattar Niazi, an activist  of the Pakistan Mazdoor Ittehad  trade union, in early December  against the exercise of executive  authority in SESSI’s matters  by the chief minister’s adviser,  Senator Saeed Ghani.  On December 6 the high  court had restrained the adviser  from exercising any executive  authority or chairing meetings  of SESSI.  Chief Secretary Rizwan  Memon submitted a reply to the  show-cause notice issued over  the petitioner’s allegation that  Senator Ghani had called a  meeting of SESSI’s governing  body as its chairman and was  running the affairs of the institution.  Memon said that directions  had been again issued to all administrative  secretaries to comply  with the orders of the court,  mentioning that none of the advisers  was exercising the executive  authority or powers of  ministers.  He further said that Ghani  had not presided over any meeting  of SESSI, as alleged by the  petitioner.  The provincial advocate general  said that the court orders  would be implemented in letter  and spirit. A division bench,  headed by Chief Justice Sajjad  Ali Shah, then disposed of the  petition.  Wine shops  The Sindh High Court  granted more time to the provincial  government to explain  whether or not the licences of  wineshops had been issued  under the relevant rules and regulations.  The court directed the advocate  general to file comments  with regard to the need for wine  consumption by non-Muslims as  part of their religious festivals.  The directive came at a hearing  of identical petitions against  issuing licences to wine shop retailers  in Muslim-populated  areas of Karachi and Thatta.  The petitioners, including  Irfan Ali Bikak, Bushra Ibrahim  and Shaharyar David, had assailed  the issuance of wine shop  licences to retailers by the excise  and taxation department,  and submitted that wine shops  were being allowed to operate  in Muslim-populated areas in violation  of the law.  Representatives of the  Hindu and Sikh communities  also filed applications seeking a  ban on the sale and manufacturing  of wine.  Lawyers representing the  owners of wine shops contended  that the consumption of  liquor was not prohibited in the  religions of Christians and Hindus.  They argued that in light of  the provisions of the Hudood  Ordinance 1979 the Muslims  could neither produce nor sell  or consume liquor. However,  the law did not prohibit its production  and sale to religious minorities,  they added.  One of the petitioners,  Ramesh Kumar Vankvani, insisted  that the consumption of  liquor was prohibited in Christianity  and Hinduism.  However, he alleged that  liquor was being sold in the  name of non-Muslims just to defame  them. Citing an example,  the petitioner pointed out that  one wine shop was being run  adjacent to a mosque in Clifton’s  Block-5.  The court asked the advocate  general to explain under  what law licences to operate  wine shops were issued by the  excise and taxation department.  It also inquired as to  whether the government had  carried out the exercise to see  the ratio of Muslims and non-  Muslims in those areas where  liquor was being sold.  The advocate general requested  time to file comments  on behalf of the provincial government.  Allowing the request,  the bench directed him to file  comments by January 23.  At a previous hearing, the  court had observed that there  was no provision under Section  17 of the Prohibition (enforcement  of Hadd) Order 1979 for  creating a legal possibility for  granting general licences to  liquor shops to operate throughout  the year.