ISLAMABAD: Justice Aamer Farooq of the Islamabad High Court (IHC) has clubbed two similar petitions challenging the appointment of special assistants to the prime minister (SAPMs) and decided to hear them in the second week of August.

During the hearing of one of the petitions on Monday, a member of the National Assembly belonging to the opposition Pakistan Muslim League-Nawaz (PML-N) objected to induction of people holding dual nationality into the federal cabinet in the capacity of SAPMs.

Barrister Mohsin Shahnawaz Ranjha, the counsel for petitioner Iradat Sharif Khan, another MNA of the PML-N, pointed out that the cabinet was being run by not only unelected people, but also by those who held dual nationality and were not the sole citizen of Pakistan.

In his petition, Iradat Sharif has challenged the appointment as chairman and other advisers to the prime minister — Abdul Hafeez Shaikh, Abdul Razak Dawood and Dr Ishrat Hussain — as members of the Cabinet Committee on Privati­sation (CCoP).

PML-N lawmaker raises objection over induction of dual nationals into cabinet

It may be mentioned that a notification placed on the website of the Cabinet Division shows that out of 19 non-elected cabinet members, four SAPMs hold dual nationalities, including SAPM on Petro­leum Nadeem Babar (US), SAPM on Overseas Pakistanis Syed Zulfiqar Abbas Bukhari (UK), SAPM on Power Division Shahzad Qasim (US) and SAPM on Digital Pakistan Tania S. Aidrus (Canada).

Among those holding residency of other countries are: SAPM on Political Affairs Shahbaz Gill (US), SAPM on National Security Moeed Yousuf (US), SAPM on Parliamentary Coordination Nadeem Afzal Gondal (Canada) and Ms Aidrus (Singapore).

According to Barrister Ranjha, it is a settled rule that the cabinet constitutes the prime minister and ministers who are the elected members of parliament.

In his petition, Iradat Sharif challenged the April 25 notification that nominated Adv­i­ser to the Prime Minister on Finance and Revenue Hafeez Shaikh, Minister for Com­munications Murad Saeed, former law minister Farogh Naseem, Minister for Plan­ning, Development and Special Initiatives Asad Umar, Minister for Privatisation Moha­m­madmian Soomro, Minister for Power Omar Ayub Khan, Adviser to the PM on Co­m­merce and Investment Abdul Razak Dawood and Adviser to the PM on Institu­tional Reforms and Austerity Dr Ishrat Hussain.

The petitioner challenged the induction of Hafeez Shaikh, Razak Dawood and Dr Ishrat into the CCoP.

Barrister Ranjha argued that Pakistan could only be governed by elected representatives and a person who was not a member of parliament could neither become a part of the cabinet nor its committees.

The petition said: “Unlike ministers, adv­i­­sers are not the part of the federal governm­ent, they do not take oath, they are not res­p­onsible to parliament in term of Article 91(6) of the Constitution, they are not subject to the qualification and disqualification provided under Articles 62 and 63 of the Constitution, before and after their appo­i­ntment advisers are not bound to submit their statements of assets and liabilities…and they are not subject to any kind of scrutiny.”

Published in Dawn, July 21st, 2020