SHC asks AG to explain powers of a CM’s adviser

The Sindh High Court (SHC) on Friday issued a notice to the advocate general Sindh asking him to assist the court on whether an adviser could be handed over a department or a ministry to run.

The notice came during the hearing of a petition challenging the status of minister granted to the Sindh chief minister’s law adviser, Murtaza Wahab.

Petitioner Fareed Ahmed Dayo submitted in the petition that Barrister Murtaza Wahab was appointed adviser to CM Sindh on law on April 30, 2015 and a
few weeks later was awarded the status of a minister, which he contended, was against Article 129 of the constitution.

Sindh Additional Advocate General Mustafa Mahesar submitted that the advocate general was the chief law officer of the province, according to Article 140 of the Constitution, which includes the government, the judiciary and the provincial assembly.

He said the AG would be the right person to assist the court over its query with respect to whether an adviser could run a department or a ministry.

Besides, he submitted that the AG could give suggestions to the government, represent the judiciary in contempt of court cases and also had the right to audience in the assembly.

Barrister Mahesar further added that according to the law officers rule 11, the AG was the chief legal advisor of the government and the prominence of the advocate general as the chief legal adviser to the government could not be questioned.

However, he submitted that it was always the prerogative of the chief minister to appointment five advisers as envisaged under Article 130(11).

The court adjourned the matter till Tuesday (October 25) issued notice to the advocate general.

However, Murtaza Wahab’s counsel, Makhdoom Ali Khan, questioned the maintainability of the petition submitting that the constitution empowered the chief minister to appoint advisers. He maintained that the petitioner had no locus standi to question the appointment of a law adviser and requested the court to dismiss the petition.

The petitioner had submitted that the adviser was also appointed chairman 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 the University of Karachi could hold the position in question.

Furthermore, the petitioner submitted that the law  also lacked necessary credentials to occupy the given posts and that his appointment was made on political basis.

Besides, he submitted that the law  was also pro-vice chancellor of the Shaheed Zulfiqar Ali Bhutto University of Law, adding, that the appointment was against Section 11 of the varsity’s own law- the Shaheed Zulfiqar Ali Bhutto University of Law, Karachi Act, 2012.

The petitioner further contended that Barrister Wahab was attending meetings of the Judicial Commission of Pakistan, which, he argued, was against article 175(A)(5)(iii) of the constitution, since he was an  not the law minister.

Referring to superior courts’ judgments, he requested the court to strike down the appointment of Barrister Wahab as adviser to chief minister Sindh on law, and subsequent status of law minister. The petitioner also pleaded to declare the re-constitution of board of governors for law colleges in Karachi illegal, and to issue direction for formulation of a criteria for appointment of the board’s chairman and non-official members.