Zulfi Bukhari case: PM doesn’t enjoy unbridled powers, says CJP

LAHORE: The Supreme Court (SC) on Friday sought a complete record from the federal government regarding appointment process as well as credentials of Syed Zulfiqar Abbas Bukhari, aka Zulfi Bukhari, as prime minister's special assistant on overseas Pakistanis and human resource development.

The Chief Justice of PAkistan (CJP) remarked that appointments to senior government positions should not be nepotistic in nature and the prime minister “does not enjoy unbridled powers. Matters cannot be run on the basis of friendships” and that the premier is a trustee of the nation, who should not run matters as per his own will.

“Appointments to key posts are an important national duty and such matters should be run as per national interest and not on the basis of friendships.” A two-member bench, led by Chief Justice Mian Saqib Nisar, took up two petitions challenging appointment of Zulfi Bukhari at SC Lahore Registry. Justice Ijazul Ahsan was the other member of the bench.

Zulfi Bukhari was present in the court along with his counsel Aitzaz Ahsan. The counsel argued that Bukhari was not appointed as a cabinet member or a lawmaker and was assigned the position of a special adviser. “He has notbeen allotted a constitutional role; he has been appointed on the basis of rules of business,” the counsel argued. Aitzaz further argued that the portfolio given to Bukhari requires a dual citizen, who can conveniently travel between Pakistan and the United Kingdom.

Bukhari's counsel told the court that the prime minister has the right to appoint his special advisers. However, not one to be appeased, the chief justice responded that prime minister is a trustee of the people, hence, he cannot run matters according to his own will and nepotism is unacceptable at higher positions. “We will decide whether matters are being run as per the Constitution or not. Nepotism should not be seen in appointments to higher posts," added the top judge. "On which basis Bukhari was appointed? Who directed that a summary be prepared for his appointment?" The attorney general argued that the prime minister appointed Mr Bukhari under rules of business. He said Bukhari was not given a constitutional post. "Bukhari is not a member of the cabinet," said Aitzaz. "This post [assistant to PM on overseas Pakistanis] should be given to a dual national," argued Aitzaz, adding that holding visas of the United Kingdom and Pakistan helps the person [to run the affairs].

"We had not appreciated nepotism in the case of Jehangir Tareen. What is the specialty of Zulfi Bukhari? Or has he been appointed an assistant because he is a friend to 'someone'?" the CJP asked, noting that this was an important case.

Bukhari told the court that he has done his graduation in Political Science. He said he has excellent relations with overseas Pakistanis and he claimed to be among the top 100 Pakistanis in the UK. "I am a property developer in the UK and I have access to overseas Pakistanis to bring business to Pakistan. People know me," he said, when asked about his profession abroad.

"Did you ever live in Pakistan?" asked CJP Nisar. Bukhari replied that he studied in Pakistan for five years until the age of 18. "That must have been a ‘mummy daddy’ school," asked the judge. The top judge directed Aitzaz to submit a report on his client's credentials. The hearing of the case was adjourned until Dec 5.

During the course of hearing, the chief justice expressed anger over Bukhari’s attitude, his speaking in a loud voice, and remarked, “You are too proud. You should leave your anger at home and then come to the court. You might be someone else’s friend, but you are not a friend of the Supreme Court. “You can be suspended before leaving this court,” warned the CJP.

Other member of the bench, Justice Ijazul Ahsan observed that the court wanted to know the credentials of Mr Bukhari that led to his appointment as a special assistant to the prime minister. The chief justice directed the government to submit credentials of Bukhari and record showing complete process for his appointment starting from initiation of summary. The next hearing will be held at Islamabad seat on Dec 5. Following Bukhari’s appointment, Muhammad Adil Chattha from Lahore and Mirza Abdul Moiz Baig from Karachi filed petitions against his appointment.