ISLAMABAD: The Islamabad High Court (IHC) Monday ruled that Advisor to Prime Minister on Finance and Revenue Dr Abdul Hafeez Sheikh could not head Cabinet Committee on Privatisation (CCoP). The IHC also declared the inclusion of PM's advisor on commerce, trade and investment, advisor to PM on commerce, textile, industry and production, and Advisor to the PM on Institutional Reforms and Austerity, "illegal", and dismissed the notification dated April 25, 2019, related to the formation of the committee.
A division bench, comprising Justice Aamer Farooq and Justice Ghulam Azam Qambrani, announced the verdict, which it had reserved, after hearing the arguments of all the parties, and declared the constitution of the Privatization Committee of Cabinet as illegal.
The bench accepted a petition filed against inclusion of advisors of Prime Minister (PM) Imran Khan in the Privatization Committee of Cabinet.
The IHC bench, in its short order, said the formation of cabinet committee on privatization was against the rules and procedure.
It added that Advisor to the Prime Minister on Finance and Revenue Dr Abdul Hafeez Sheikh could not head the committee under the law.
The petitioner, Rana Iradat Sharif Khan, had moved a petition through his counsel Barrister Mohsin Nawaz Ranjha and cited the Federation of Pakistan through Secretary Cabinet Division, joint secretary Cabinet Division, Advisor to Prime Minister on Finance, Revenue and Economic Affairs, Advisor to PM on Commerce, Textile, Industry and Production, and Advisor to PM on Institutional Reforms and Austerity as respondents.
He stated the prime minister constituted a Cabinet Committee on Privatization vide notification dated 25 April 2019.
He contended that a bare perusal of the constitutional scheme shows that the Constitution makes a clear distinction between ministers, ministers of state and advisors.
"This distinction is not without purpose and one office cannot be reckoned to be a substitute for the other. The advisors cannot be equated with the ministers or ministers of state."
The counsel informed the court that becoming a member of committee and chairman by finance advisor Abdul Hafiz Sheikh was illegal.
He added that this further also applied in the situation where making advisor on institutional reforms Dr Ishrat Husain and advisor on trade Abdul Razzaq Dawood was also illegal.
Including the advisors to the PM in the Cabinet Committee for Privatization is in "derogation" of the constitution.
He added that the advisors did not take oath under the Constitution; therefore, they were not custodians of constitution and democracy.
Therefore, he prayed before the court to declare the said notification void, illegal, unlawful, and set aside the same.
Copyright Business Recorder, 2020
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