By News Desk
ISLAMABAD: The Supreme Court on Friday upheld the decision of the Islamabad High Court (IHC) and dismissed a petition filed against the appointment of special assistants to the Prime Minister (SAPM).
A two-member bench of the apex court, comprising Chief Justice of Pakistan Gulzar Ahmed and Justice Ijaz Ul Ahsan, heard the case. Earlier, the court dissolved the bench as Justice Munib Akhtar recused himself from the case.
At the outset of hearing, the Chief Justice said Justice Akhtar did not want to hear the case and the court formed a new bench after Justice Munib’s recusal.
Justice Ahsan, referring to the top court’s earlier decision to reject a petition filed against SAPM for Overseas Pakistanis, Sayed Zulfiqar Bukhari over his dual nationality, said the court had already ruled that a dual national was permitted to be a special assistant.
Advocate Ikram Chaudhary said his petition was not about dual citizenships. He said the IHC, in its judgment, had mentioned the decisions of the Supreme Court. Justice Ahsan said the apex court’s decision further stated that the Prime Minister could appoint a special assistant at his own discretion.
The Chief Justice said the rules of business state that dual nationals could be appointed as special assistants. Justice Ahsan said special assistants were also included in the “Service of Pakistan”.
The counsel argued that special assistants were not included in the Service of Pakistan. He said according to Article 93 of the Constitution, only five advisers could be appointed. The appointment of a special assistant was a violation of Article 99, he added.
Addressing the counsel, Justice Ahsan said he had already submitted these arguments before the IHC. The Chief Justice said the Prime Minister could appoint special assistants according to the Constitution. “The Prime Minister could seek the assistance and opinion of any expert,” he added. Justice Ahsan told the petitioner that he had only raised the issue of dual citizenship in the high court. “The loyalty of dual nationals cannot be doubted,” he added. The court, after hearing arguments, upheld the decision of the Islamabad High Court and dismissed the appeal.
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