KARACHI: The Sindh High Court on Wednesday sought attendance record of the cabinet meetings attended by advisers and special assistants to the chief minister.

Headed by Chief Justice Sajjad Ali Shah, a two-member bench also directed petitioner Advocate Moulvi Iqbal Haider to satisfy it on the legality of their participation in the meetings.

The petitioner had moved the court against the appointments of excessive number of advisers and special assistants in the provincial cabinet.

The court put off the hearing to Nov 22.The provincial government law officer earlier requested the court to adjourn the matter until the SHC pronounced the verdict reserved on another petition questioning the appointment and grant of minister’s status to chief minister’s adviser on law Barrister Murtaza Wahab.

The petitioner, Advocate Moulvi Iqbal Haider, submitted that Chief Minister Murad Ali Shah had appointed more than 15 members of the Sindh Assembly, which made 11 per cent of the total members of the assembly in the Sindh cabinet.

He said it was a gross violation of Article 130(6) of the Constitution that stipulated the government to not exceed the strength of the cabinet from 11 per cent of the total members of the assembly. He said the new chief minister on July 30 appointed 17 provincial ministers, advisers and special assistants in the first phase and then he appointed nine more ministers and 11 special assistants in the second phase.The petitioner said that according to Articles 92 and 130 (11), the chief minister and the prime minister were only allowed to appoint five advisers each, but the chief minister had appointed 18 members as ministers and 17 others as advisers and special assistants, who were given the status and privileges of the provincial ministers.

He asked the court to declare the appointment of excessive number of ministers, advisers and special assistants a gross violation of Article 130(6) of the constitution.

The petitioner also pleaded the court to suspend the operation of the appointment of excessive number of advisers and special assistants which, he argued, was a heavy burden upon taxpayers.

The petition against Barrister Murtaza Wahab was filed by Advocate Fareed Ahmed Dayo, who challenged the appointment and subsequent grant of minister’s status to the law adviser.

The same bench had earlier reserved the judgement in this petition.

Advocate Dayo in his petition contended that Mr Wahab was appointed adviser to the CM on law and a few weeks later he was given the status of minister in violation of Article 129 of the constitution.

He said the law adviser was also appointed chairman of the board of governors for law colleges in Karachi in violation of Sindh government notifications which stated that either education minister or Karachi University vice chancellor could hold that position.

Advocate Dayo contended that Wahab’s appointment was made on a political basis as he lacked the credentials required for the job. He said the adviser also attended meetings of the Judicial Commission of Pakistan in violation of Article 175(A) (5) (iii) of the constitution since he was the adviser, not a law minister.

The petitioner argued that the chief minister could not give the status of minister to any adviser as there was a complete bar on it under the constitution and rules of business, nor could the adviser hoist Pakistani flag on his vehicle under Pakistani Flag Rules, 2002.

He asked the court to declare as unlawful the appointment of the law adviser and the grant of minister’s status to him.

Published in Dawn, November 10th, 2016