By Tahir Siddiqui
KARACHI: The Sindh High Court on Monday directed the provincial law officer to inform the court whether any portfolios were assigned to the advisers to the Sindh chief minister.
The direction came during the hearing of a petition against the appointment of the chief minister`s advisers when the petitioner counsel contended that the advisers to the CM could not be assigned any portfolio under the Constitution.
A division bench headed by Justice Gulzar Ahmed put off the hearing till Feb 18.
Petitioner Alf Jatoi, represented by Advocate Zamir Ghumro, had challenged the appointment of 17 advisers to the CM, contending that a CM could appoint only five advisers under the Constitution. The court had on Jan 24 put all the advisers, the chief secretary and the Advocate General on notice.
However, on Jan 31 the Sindh government removed 12 advisers through a notification.
On Monday, at the outset of the hearing a provincial law officer informed the court that Imtiaz Ahmed Shaikh, Mohammad Siddique Abu Bhai, Jehangir Dilawar Khanji, Dinshaw Ankel Saria, Ghulam Qadir Malkani, Babar Leghari, Mohammad Kamran Behan, Mufti Ferozuddin Hazarvi, Sardar Aamir Khan Bhutto, Jameel Ahmed Soomro, Waqas Malik and Sharmila Farooqui had been removed.
He stated only five advisers were now working with the chief minister.
However, the petitioner`s counsel said that the number of the chief minister`s advisers was still six as one Izhar Hussain was also working as an adviser.
The government law officer stated that Fazalur Rehman was appointed managing director of the Zulfikarabad Development Authority with the status of an adviser.
The court directed him to place the notification regarding Mr Rehman`s appointment.
Advocate Zamir Ghummro also contended that the advisers had been given portfolios in violation of the constitutional provisions.
In the petition, he had submitted that under Article 130 of the Constitution, the chief minister of a province shall not appoint more than five advisers but the Sindh chief minister had unlawfully and unconstitutionally appointed more than 15 advisers and also allotted them portfolios which could not be allotted to them under the law.
The petitioner submitted that the purpose of the appointment of the advisers was to get professional and expert opinion from highly qualified persons for the government on certain specialised matters for which the government lacks expertise.
He stated that the appointed advisers did not possess required expertise in any field and had been appointed on the basis of favouritism and nepotism and they were least concerned with the problems of the people.
The petitioner stated that being unelected, the advisers were responsible to none and being paid huge salaries and costly perks at the expense of the public exchequer.
He prayed to the court to direct the respondent advisers to show authority of the Constitution and the law under which they were holding their offices as advisers to the chief minister and on their failure to show such authority declare their appointment illegal, unconstitutional and without any legal effect.
Source: Dawn
Date:2/8/2011
