KARACHI: The Sindh High Court on Thursday heard partial arguments of the counsel for the chief minister’s adviser on law Barrister Murtaza Wahab in a petition challenging the grant of minister’s status to the adviser.

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 Advocate Makhdoom Ali Khan forwarded his partial arguments against the contentions of the petitioner.

The counsel submitted that the chief minister was authorised to appoint adviser for consultation under the law.

He argued that under the law CM was also empowered to call any adviser to attend cabinet meeting and advisers could give their advices during the meeting as there was no bar on it in the constitution.

While, Advocate Khan was still on his feet, the court rose for the day and adjourned the matter till Friday when the counsel would resume his arguments.

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 the political basis.

He added that the law adviser was also pro-vice chancellor of the 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 the 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 on law and subsequent status of minister.

In his concluding arguments during the previous hearing, 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 Pakistani Flag Rules 2002.

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

KMC pensioners’ case

A two-judge bench comprising Justices Mohammed Ali Mazhar and Arshad Hussain Khan directed the local bodies secretary and the municipal commissioner to appear in court to explain as to why over Rs200 million out of Rs500 million special grant for pensioners of the Karachi Metropolitan Corporation was issued for the salaries of officers.

The additional advocate general placed on record a detail report on the special grant.

Objecting to the report, the petitioners’ counsel informed the judges that the special grant was released only for the KMC, but the local bodies secretary wrote to the finance secretary to transfer Rs200 million to Karachi Development Authority in violation of the court’s clear-cut orders.

He said the finance secretary issued the amount to KDA against the court’s order and over Rs140 million was paid to the officers on the occasion of Eidul Azha, although the money was meant for the pensioners who were not paid pension.

The bench directed the local bodies and finance secretaries to file their written replies for flouting the court’s orders.

The court also directed the local bodies secretary and the municipal commissioner to appear in court on Oct 20, the next date of hearing.

Meanwhile, Advocates Shua-un-Nabi, Nadeem Shaikh and Syed Zulfiqar ali Shah told the judges that as many as 762 employees of the education department were not being paid salaries, although their names were not mentioned in any inquiry.

Besides, they said, several other employees who were found clear in inquiries were not being paid salaries, while the names of many others were removed from the payroll.

They asked the court to order the constitution of a committee under the chairmanship of local bodies secretary to resolve the issue.

Published in Dawn, October 7th, 2016