ISLAMABAD: The Supreme Court (SC) was requested on Monday to set aside the order of its Registrar Office returning a plea challenging the appointments of five advisers and 14 unelected Special Assistants to Prime Minister in the cabinet.
Muhammad Arshad Khan advocate, member Islamabad High Court Bar Association and Ghulam Dastageer Butt advocate, member Rawalpindi Bar Association had filed a joint petition in the Supreme Court under Article 184(3) of the Constitution, praying for declaring the appointments of these advisers and Special Assistants to the Prime Minister are against the Constitution and law.
The Registrar Office of the Supreme Court, however, returned the petition on April 21, with objection that the petitioners have not pointed out as to what questions of public importance in the instant case are involved with reference to enforcement of the fundamental rights guaranteed under the constitution, so as to directly invoke jurisdiction of the Supreme Court under Article 184(3) of the constitution.
Similarly, the Registrar Office stated that the petitioners have not approached any other appropriate forum available to them under the law for the same relief. “They have also not provided any justification for not doing so”, the Registrar Office had stated adding that multifarious prayers have been made in one constitution petition.
On Monday, the petitioners challenged the order of the Registrar Office, contending that under order 3 rule 1 of Supreme Court rules 1980, the Registrar is the executive head of the office and he cannot decide the legal issue pertaining to the maintainability of the constitutional petition. They further stated that the matter of entertainability lies with the jurisdiction of the apex court and not its functionary. Filed through Counsel Jehangir Jadoon, they further submitted where the public office, public property, public finance, public trust and rights of electorates are involved, this court is the only forum, which has to examine the constitutionality and legality of the persona who are holding such office and enjoying the authority and executive powers on behalf of people of Pakistan.
They recalled that very recently this court has examined the appointment of army chief and the vires of the Army Act and gave detailed judgment on the issue of the appointment of army chief, this court also took suo motu notice on COVID-19 under the its original jurisdiction and the proceeding in the matter is going on.
They contended that this court also held when an issue of public importance relating to the fundamental rights are involved, any person can directly approach this court (PLD 2000, SC 84). They prayed to the court to set aside the registrar order of April 21 and their petition be entertained and order to assign number and be fixed in the court for hearing in the interest of justice.
