KARACHI: The Sindh High Court issued on Thursday a show-cause notice to the Sindh chief secretary for making a misleading statement regarding the use of executive authority by advisers to the chief minister of Sindh.

A two-judge bench of the SHC headed by Chief Justice Sajjad Ali Shah directed provincial Chief Secretary Rizwan Memon to explain why action may not be taken against him for committing contempt of court and granted him a week to furnish an explanation.

The direction came on a petition filed by Abdul Sattar Niazi, who alleged that adviser to the chief minister on labour and human resources Senator Saeed Ghani was exercising executive authority and chairing meetings of the Sindh Employees Social Security Institution (SESSI) in violation of an earlier court order, which declared that no adviser could exercise any executive authority or power and enjoy any perks or privileges of minister.

The petitioner submitted that the chief secretary had made a statement in court that none of the advisers in the provincial government were given ministerial portfolios, nor were they conferred upon any such executive authority.

However, the petitioner alleged that Mr Ghani was acting as SESSI chairperson and had convened a meeting of the institution on Dec 15, adding that the SESSI Act, 2016, required the chairperson of the institution to be the minister of labour.

The counsel for the petitioner, Mohammed Ali Lakhani, said that the practice of giving ministerial portfolios to advisers was still being done in violation of the Constitution and the SHC judgement passed last month.

In last month’s order, handed down on a petition challenging the appointment of the CM’s adviser on law Murtaza Wahab, the SHC had also nullified two legal amendments made to the government’s Rules of Business and the law regarding the appointment and delegation of executive powers to advisers.

On Dec 7, the court restrained Mr Ghani from exercising ministerial powers and presiding over meetings of SESSI.

The chief secretary had informed the bench in a previous hearing that none of the advisers were exercising any executive authority, nor were they holding any portfolio.

However, the petitioner pointed out that the senator was still exercising such authority.

Subsequently, the bench had asked the chief secretary to file a statement under his signature to the effect that no adviser was enjoying such authority in compliance with the court’s earlier order.

A statement was filed on behalf of the chief secretary during Thursday’s proceedings, stating that no violation of the court order was being committed by any of the advisers.

On the other hand, the petitioner’s lawyer insisted that Senator Ghani was continuously flouting the court order by exercising executive authority in the department.

The judges expressed displeasure over the failure of the chief secretary to get the court’s orders implemented in letter and spirit.

Three Safoora Goth suspects granted bail

The Sindh High Court ordered on Thursday the release of three suspects, exonerated by a military court in the Safoora Goth bus carnage case, on bail.

Heading a two-judge bench of the SHC, Chief Justice Sajjad Ali Shah directed the jail authorities to release the former Fishermen Cooperative Society vice-chairman Sultan Qamar Siddiqui, his brother Hussain Qamar Siddiqui and Sajid Naeem subject to the furnishing of a surety bond of Rs1 million each. The court also directed them to surrender their passports.

Hira Siddiqui had moved an application against the jail authorities seeking the release of her husband, Sultan, and brother-in-law after a military court had acquitted them of charges of facilitating the main accused and handed over their custody to jail authorities.

The military court had handed down death sentence to five other convicts — Tahir Hussain Minhas, alias Sain; Saad Aziz, alias Tin Tin; Asad-ur-Rehman, alias Malik; Hafiz Nasir, alias Yasir and Mohammed Azhar Ishrat, alias Majid.Over 45 people belonging to the Shia Ismaili community, including 18 women, were killed in an armed attack on their bus near Safoora Goth in May last year.

On Thursday, the petitioner’s counsel, Khawaja Shamsul Islam, and the federal law officer presented a letter of the Judge Advocate General branch of military, which stated that the three men had been freed from the military authorities’ custody following acquittal in the Safoora Goth carnage case.

The lawyer further informed the court that all three men had also been granted bail in the case registered against them under the Sindh Arms Act, 2013.

In a previous hearing, the jail authorities had informed the bench that the suspects had been handed over to them, but the case files were not transferred to the relevant antiterrorism court for appropriate orders.

Published in Dawn, December 30th, 2016