Cabinet Committee formation, inclusion of advisers illegal: IHC

ISLAMABAD: The Islamabad High Court (IHC) on Monday barred the finance adviser from heading the cabinet committee, and declared the constitution of the cabinet body on privatisation as illegal.

In a short order, the IHC said that the formation of the cabinet committee on privatisation was against the rules and procedure. Advisor to the Prime Minister on Finance and Revenue Abdul Hafeez Shaikh could not head the committee under the law, it further said.

The court also declared the inclusion of PM’s advisor on commerce, trade and investment, and advisor on trade in the committee as illegal while dismissing the notification dated April 25, 2019 pertaining to the committee formation.

A division bench comprising Justice Aamir Farooq and Justice Ghulam Azam Qambrani announced the judgment, which was reserved at the last hearing after conclusion of arguments from both sides. The petition was filed by Pakistan Muslim League-Nawaz (PML-N) lawmaker Barrister Mohsin Shahnawaz Ranjha.

The petition stated that participation of un-elected people in the cabinet committee on privatisation was illegal and prayed the court to dismiss the notification. The plea said that advisers did not take oath under the Constitution; therefore, they were not custodians of the Constitution and democracy.

Meanwhile, in another decision earlier in the day, the IHC dismissed a plea challenging appointment of advisers and special assistants. Justice Aamir Farooq and Justice Ghulam Azam Qambrani released the reserved verdict in the open court. The verdict was reserved on September 9, after the completion of arguments from both sides.

The order read, “It is pursuant to the said powers that the Federal Government has made the Rules of 1973 and has described the ‘Organizations of Divisions’ in rule 4 ibid. Sub-rule 6 of rule 4 enables the prime minister to appoint special assistant or special assistants and to determine their status and functions.”

It added that the premier is answerable to the nationals and the parliament and he is authorised to appoint officials and other persons for assistance. “There is no restriction regarding the number of special assistants by the prime minister.”