SHC calls in comments of government law officers on Aug 31

Karachi

The Sindh High Court on Friday issued notices to the advocate general and others for comments on a petition challenging the appointment of excessive advisers and special assistants in the Sindh cabinet.

The petitioner, Moulvi Iqbal Haider, contends that the recently appointed chief minister, Syed Murad Ali Shah, has appointed 37 members of the Sindh assembly – or more than 22 percent of the total MPAs – to the Sindh cabinet, which was in violation of Article 130 (6) of the Constitution that stipulates that the strength of the Cabinet cannot exceed 11 percent of the total strength of MPAs.

He submitted that CM Murad Ali Shah had, on July 30, appointed 17 provincial ministers, advisers and special assistants and, later, further increased his cabinet’s strength by appointing nine more ministers and 11 special assistants.

The petitioner contended that the constitution scheme after the 18th Amendment clearly mentions that the strength of the cabinet would not be more than 11 percent, and the CM’s decision to hire more than the stipulated number was totally unlawful and unconstitutional.

He submitted that in terms of Article 92 and also Article 130 (11), the CM and the Prime Minister have the power to appoint their advisers but not more than five; however, the Sindh CM had appointed 18 members as ministers and 17 others as advisers and special assistants who enjoy status and privileges equal to those of provincial ministers.

The court was requested to declare that the appointment of excessive ministers, advisers and special assistants was a heavy burden upon the public exchequer and in gross violation of Article 130 (6) of the Constitution, therefore, the appointments more than 11 percent is unjust and un-constitutional.

The SHC division bench headed by Chief Justice Sajjad Ali Shah issued notices to the Sindh advocate general and others, calling for their comments on August 31.