ISLAMABAD - The Islamabad High Court (IHC) on Monday accepted a petition filed against inclusion of advisors of Prime Minister Imran Khan in privatisation committee of the cabinet.
A division bench of IHC comprising Justice Aamer Farooq and Justice Ghulam Azam Qambrani announced the verdict which it had reserved after hearing arguments of all parties and declared the constitution of the privatisation committee of cabinet as illegal.
The IHC bench in its short order said that formation of cabinet committee on privatisation was against the rules and procedure. It said that Advisor to Prime Minister on Finance and Revenue Abdul Hafeez Sheikh could not head the committee under the law.
The bench also declared that inclusion of PM’s advisor on commerce, trade and investment, advisor to PM on commerce, textile, industry and production and advisor to PM on institutional reforms and austerity as illegal while dismissing the notification dated April 25, 2019 regarding formation of the committee.
The petitioner Rana Iradat Sharif Khan moved the petition through his counsel Barrister Mohsin Nawaz Ranjha and cited Federation of Pakistan through Secretary Cabinet Division, Joint Secretary Cabinet Division, Advisor to Prime Minister on Finance, Revenue and Economic Affairs, Advisor to PM on Commerce, Textile, Industry and Production and Advisor to PM on Institutional Reforms and Austerity as respondents.
He said that Prime Minister constituted a Cabinet Committee on Privatisation vide notification dated 25 April 2019. He mentioned that Dr Abdul Hafeez Sheikh, PM Advisor on Finance, Abdul Razzaq Dawood, PM Advisor on Commerce, and Dr Ishrat Hussain, PM Advisor on Institutional Reforms, were not elected and were not members of Parliament.
He contended that a bare perusal of the constitutional scheme shows that the constitution makes a clear distinction between Ministers, Ministers of State and Advisors.
“This distinction is not without purpose and one office cannot be reckoned to be a substitute for the other. The Advisors cannot be equated with the Ministers or Ministers of State.”
The counsel informed the court that becoming member of committee and chairman by Finance Advisor Abdul Hafiz Sheikh was illegal. He said that this further also applied in the situation where making Advisor on Institutional Reforms Dr Ishrat Husain and Advisor on Trade Abdul Razzaq Dawood is also illegal. Inclusion of the advisors to PM in Cabinet Committee for Privatisation is in derogation of constitution.
He said that advisors did not take oath under the Constitution, therefore, they were not custodians of the Constitution and democracy.
Therefore, he prayed to the court to declare the said notification as void, illegal, unlawful and set aside the same.