LAHORE: Lahore High Court (LHC) Chief Justice Muhammad Qasim Khan on Thursday questioned Federal Finance Minister Abdul Hafeez Sheikh being in the office as an unelected member of the cabinet despite losing his Senate election.
“In true democratic countries, people voluntarily resign from public offices if not elected,” the chief justice observed and added that the establishment of the democracy warranted actions not mere words. “It seems Sheikh would hold his bag and just depart once the job is done,” he remarked.
The CJ was hearing a petition challenging the appointment of all advisors and special assistants to Prime Minister Imran Khan. He directed a federal law officer to submit details of properties and tax paid by the minister.
He regretted that the government could not find a competent person in the country. The hearing was adjourned till March 25. The prime minister had appointed Sheikh as a minister for six months. The Constitution allows a prime minister to appoint any unelected person as a federal minister for six months during the five-year term of the National Assembly.
Advocate Nadeem Sarwar had filed the petition making all the advisors and SAMPs party in it. He contended that the respondents being not members of the National Assembly could not exercise authority and power of the federal government, which was a domain of elected representatives of people.
He said the appointment of dual national special assistants was also against the national interest and defence of Pakistan. He pleaded that as per Article 90 of the Constitution, the executive authority of the federation shall be exercised by the prime minister and federal ministers. He said the cabinet of ministers had been authorized by Article 91(1) and the prime minister was only the head of the cabinet and could not assume power of any federal minister.
The government in its reply had defended the appointments and questioned the locus standi of the petitioner to assail the appointments and the maintainability of the petition before the court.
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