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April 29, 2020

PM Imran Khan takes notice of all appointments made sans approval of federal govt

Top Story

April 29, 2020

ISLAMABAD: Prime Minister Imran Khan has taken the notice about all official appointments made after August 18, 2016 without approval of the federal government which means prime minister and his cabinet.

And to this effect, a letter signed on April 24 by Muhammad Azam Khan, Secretary to Prime Minister says that the prime minister directed all federal secretaries, additional secretaries (in charge) of all divisions to provide to cabinet secretary within a week by April 30, 2020 the lists indicating all such appointments which need the approval of the federal government.

All secretaries, additional secretaries( in-charge) of divisions have also been asked to provide the lists of all the appointments too which were made pursuant to the delegated powers of federal cabinet to a federal minister, secretary, being illegal, void and without jurisdiction.

As per the letter, the prime minister has further directed that the said exercise will be completed by April 30, 2020 and the lists will be shared with cabinet secretary who will present the same before the federal cabinet in its meeting tentatively scheduled on May 5, 2020 (Tuesday).

The prime minister secretariat took this decision in the light of the decisions of Supreme Court and Islamabad High Court.

The letter also mentioned the judgments of superior courts behind the notice of the prime minister and to this effect it referred to judgment of Islamabad High Court dated 23rd April 2020 that clearly says: “We have no doubts in our minds that the reappointments of the respondent No.1 as member and chairperson and the initial appointments of respondent No.2 and Respondent No.3 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.”

It further mentions saying, Supreme Court of Pakistan in its judgment reported dated 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 and 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 the aforesaid judgment of the superior court, the prime minister has been pleased to direct and all federal secretaries/additional secretaries (in-charge) of all division 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/regulation, which were made without the approval of the federal government/cabinet.

The lists shall, interalia, 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.