ISLAMABAD: The Islamabad High Court on Thursday rejected the federal government’s request to withdraw a stay order against the sacking of Karachi Port Trust (KPT) chairman retired Rear Admiral Jamil Akhtar.

Additional Attorney General Tariq Mehmood Khokhar, while appearing on behalf of the federation, argued that the IHC had issued the restraining order on Friday last week without hearing the government’s stance on the matter and, therefore, the order might be recalled.

When IHC Chief Justice Athar Minallah asked him to file a reply, Mr Khokhar said the court had on March 27 passed an order and sought a reply in a fortnight, adding that the restraining order might be recalled till the next date of hearing.

Justice Minallah wondered why the government was keen to remove the KPT chairman, saying his services had been terminated without even having been given a show-cause notice.

Raja Zahoorul Hassan, the counsel for Jamil Akhtar, informed the court that his client had been appointed in 2017 for a period of three years, adding that the Ministry of Maritime Affairs had unilaterally scrapped the contract without prior knowledge of the Cabinet Division.

Mr Akhtar was appointed KPT chairman by the previous government on Nov 23, 2017 for a period of three years. The federal government has removed him from the post citing different reasons.

According to a notification issued by the Establishment Division on March 25 this year, the federal government removed him from the post of KPT chairman “forthwith by modifying/reducing his period of initial appointment in terms of Section 11 of KPT Act, 1886, with immediate effect.”

Subsequently, another notification issued by the Establishment Division stated that “the federal government is pleased to assign additional charge of the post of chairman Karachi Port Trust to Mr Shakeel Mangnejo (BS-21), Director General Ports and Shipping Karachi under the Ministry of Maritime Affairs, for a period of three (03) months”.

However, another notification issued by the Ministry of Maritime Affairs stated that Mr Akhtar had been removed because of “irregularities in KPT”.

At a previous hearing, Mr Akhtar’s counsel had informed the court that by virtue of his office, the chairman was also one of the trustees of the Karachi Port Trust. He argued the impugned notification of March 25 had been issued without placing the matter before the federal cabinet and that too by misinterpreting Section 11, read with Sections 15 and 15 (A) of the Karachi Port Trust Act, 1886. He stressed that once a trustee or chairman was appointed then the removal could only be made on the grounds stated in the above-mentioned sections of the KPT Act.

The court after hearing initial arguments stayed the termination of Mr Akhtar and temporarily reinstated him on the post of KPT chairman.

Justice Minallah will take up the matter at the next hearing on April 9.

Published in Dawn, April 3rd, 2020