PM's advisers: SHC seeks comments on maintainability of petition on ministerial powers

The Sindh High Court (SHC) on Thursday directed Moulvi Iqbal Haider to satisfy it on the maintainability of his petition in which he sought an injunction of powers to the Prime Minister's advisors and special assistants with portfolios of equivalent to federal and state ministers. The Chief Justice of the SHC, who was heading the division bench, questioned the jurisdiction of the high court as he observed that all the parties made respondents by the petitioner belonged to Islamabad. Haider was directed to come up with the comments on the maintainability of the petition in the next hearing.
Earlier, Haider, who is a practicing lawyer and chairman of Awami Himayat Tehreek Pakistan, approached the SHC submitting that cabinet division had appointed four advisors and nine special assistants to PM Nawaz Sharif and granted them the powers of ministers which is the violation of the Constitution of Pakistan.
The petitioner informed the court that Ameer Muqam, Irfan Siddiqui, Jam Mashooq Ali and Sartaj Aziz were enjoying the ministerial powers as PM's advisors on national history, literary heritage, political affairs and foreign affairs, respectively. Tariq Fatmi, Dr Musaddiq Malik, Miftah Ismail, Shujat Azeem, Dr Syed Asif Saeed Kirmani, Barrister Zafarullah Khan, Haroon Khan and Sharjeel Adnan Shaikh have been appointed special assistants to the PM, the petitioner added.
He maintained that after the 18th amendment to the Constitution, the powers of the President and Prime Minister have been shortened. As per the amendment the president shall appoint the state and federal ministers on the advice of the parliament from among the members of Majlis-e-Shoora, Haider submitted.
The petitioner told the court that the Constitution is very clear that the President is the competent authority to appoint the state and federal ministers but their strength shall not exceed 11 percent of the total members of the parliament. While terming the appointments of the PM's advisors and special assistants with ministerial powers as unconstitutional, the petitioner prayed to the SHC to declare the same as illegal. The court was further requested to restrain the advisors and special assistants from exercising executive authority on behalf of the federal government.