KARACHI: The Sindh High Court on Friday heard concluding arguments of a petitioner in a petition challenging the grant of minister’s status to the adviser to the chief minister on law.

Headed by Chief Justice Sajjad Ali Shah, a two-judge bench put off the hearing of the petition of Advocate Fareed Ahmed Dayo against the CM’s adviser Murtaza Wahab after the counsel appearing for respondents chief minister and chief secretary forwarded his partial arguments against the contentions of the petitioner.

In his petition, Advocate Fareed Ahmed Dayo submitted that Barrister Murtaza Wahab was appointed adviser to the CM on law on April 30, 2015 and a few weeks later he was given the status of minister. The lawyer argued that the move was a violation of Article 129 of the Constitution.

The petitioner argued that Mr Wahab was also appointed chairman of the board of governors for law colleges in Karachi in violation of two notifications issued by the provincial government, which stated that either education minister or vice chancellor of Karachi University can hold the position in question.

He said the law adviser also lacked the necessary credentials to attain such position and his appointment was made on a political basis.

He added that the law adviser was also pro-vice chancellor of Shaheed Zulfiqar Ali Bhutto University of Law and submitted that the appointment was also against the spirit of Section 11 of the Shaheed Zulfiqar Ali Bhutto University of Law, Karachi Act, 2012.

The petitioner contended that Barrister Wahab attended meetings of the Judicial Commission of Pakistan, which, he argued, was against Article 175(A) (5) (iii) of the Constitution since he was an adviser, not a law minister.

While citing some rulings of higher judiciary, he asked the court to strike down the appointment of Barrister Wahab as adviser to the chief minister for law and subsequent status of minister.

Giving his concluding arguments, Advocate Dayo submitted that appointment of the adviser was against the spirit of Articles 129, 130 and 132 as he neither can attend the cabinet meeting, nor the assembly session under the constitutional provisions.

He further submitted that the adviser could not hoist Pakistani flag on his motor vehicle under the Pakistani Flag Rules 2002.

Advocate Dayo stated that the CM of Sindh could not allot portfolio to the adviser as there was a complete bar on it under the constitution and Rules of Business.

Advocate Makhdoom Ali Khan would continue his arguments on Oct 4, the next date of hearing.

Published in Dawn, October 1st, 2016