ISLAMABAD: The PTI government has reportedly decided to file a reference in the Supreme Court of Pakistan, after failing to find a viable way to accommodate its parliamentarians in the boards of Public Sector Entities (PSEs) as both the Law Ministry and Attorney General for Pakistan termed it impossible in light of the Supreme Court verdict in the Mustafa Impex case, well-informed sources told Business Recorder.
On November 24, 2020, Minister for Law & Justice, Dr. Farogh Naseem briefed the Cabinet on the issue of a ban on parliamentarians to be on the Board of Directors of Public Sector Entities. It was highlighted that under Article 63 (1) of the Constitution a person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if, he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or he is in the service of any statutory body or anybody which is owned or controlled by the Government or in which the Government has a controlling share or interest; or he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service.
During discussion, the Prime Minister enquired as to whether the Attorney General of Pakistan has endorsed this interpretation. Minister for Law & Justice confirmed that the Attorney General for Pakistan also agreed with this viewpoint. A member pointed out that there were number of Acts whereby Minister, in his ex-officio capacity had been made Chairman of the Board.
Furthermore, in the past, Ministers/Senators/MNAs had held positions in the Boards of public sector entities. The members argued that if the parliamentarians represented on the Board were in ex-officio capacity or pro bono basis, they should not be hit by the Article 63 (1) of the Constitution.
Minister for Law & Justice Division solicited the approval of the Cabinet to file a Reference under Article 186 of the Constitution in the Supreme Court of Pakistan for seeking clarity and guidance on this issue as well as on the restriction placed on ex-post facto approval by the Cabinet in light of the judgment of the Supreme Court in Mustafa Impex case.
After detailed deliberations on this issue the Law & Justice Division was directed to file a Reference in the Supreme Court under Article 186 of the Constitution and seek clarity and guidance on this issue. The Law and Justice Division was directed to ensure that viewpoint of the government is proactively presented before the Court.
The sources said, recently, the Ministry of Law and Justice decided to request Speaker National Assembly of Pakistan, Asad Qaiser to withdraw the name of Malik Aamir Dogar, MNA as member of Press Council of Pakistan.
Copyright Business Recorder, 2020
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