ISLAMABAD - The Islamabad High Court (IHC) Monday directed the Cabinet Division secretary to place the matter of appointment
of Pakistan Muslim League – Nawaz (PML-N) leader Hanif Abbasi as Special Assistant to Prime Minister (SAPM) before the PM Shehbaz
Sharif to reconsider it.A single bench of IHC comprising Chief Justice Athar Minallah issued the directions while hearing Sheikh Rashid’s petition wherein he stated that Abbasi
has been appointed Special Assistant (with status
of federal minister) to prime minister of Pakistan vide the notification dated 27.4. 2022. He adopted that both the notification and appointment are illegal, unlawful, unconstitutional and violative of the principles
of good governance and the rule of law.In its written order, the IHC bench directed respondent
before the prime minister.
Justice Athar observed, “In case the conviction has not been set aside then the worthy prime minister will be expected to reconsider the appointment of respondent
affect the conviction. The distinction between ‘conviction’ and ‘sentence’ has been highlighted by the august Supreme Court in the case titled “Federation
of Pakistan and others verses Mian Muhammad Nawaz Sharif.”He added, “In the case in hand, it appears that the appeal
against conviction is pending before the learned High Court while the sentence
has been suspended. The conviction, therefore, remains undisturbed. If so, then it, prima-facie, appears that a person cannot hold a public office as long as the conviction has not been set aside by a competent court through a judicial process.”Earlier, in reply to the court’s query, the petitioner unequivocally reposed his confidence in the court so as to proceed in the petition in hand. Addressing Sheikh Rasheed, the IHC Chief Justice
said that his lawyer would have surely informed him that as per rules, a chief justice could take up a case at any time. He asked Rasheed
to inform the court within two days whether he had trust in it.He added that if you have confidence in it, then this court would hear your case and also ask the same from PTI chairman. At this, Rasheed reiterated that he had appeared before the court because he had full trust in it , and he said
of Pakistan Muslim League – Nawaz (PML-N) leader Hanif Abbasi as Special Assistant to Prime Minister (SAPM) before the PM Shehbaz
Sharif to reconsider it.A single bench of IHC comprising Chief Justice Athar Minallah issued the directions while hearing Sheikh Rashid’s petition wherein he stated that Abbasi
has been appointed Special Assistant (with status
of federal minister) to prime minister of Pakistan vide the notification dated 27.4. 2022. He adopted that both the notification and appointment are illegal, unlawful, unconstitutional and violative of the principles
of good governance and the rule of law.In its written order, the IHC bench directed respondent
- 1 (Cabinet Division secretary) to place the matter
before the prime minister.
Justice Athar observed, “In case the conviction has not been set aside then the worthy prime minister will be expected to reconsider the appointment of respondent
- 2 (Abbasi).”The IHC Chief Justice noted, “Suspension of the sentence by an appellate court does not in any manner
affect the conviction. The distinction between ‘conviction’ and ‘sentence’ has been highlighted by the august Supreme Court in the case titled “Federation
of Pakistan and others verses Mian Muhammad Nawaz Sharif.”He added, “In the case in hand, it appears that the appeal
against conviction is pending before the learned High Court while the sentence
has been suspended. The conviction, therefore, remains undisturbed. If so, then it, prima-facie, appears that a person cannot hold a public office as long as the conviction has not been set aside by a competent court through a judicial process.”Earlier, in reply to the court’s query, the petitioner unequivocally reposed his confidence in the court so as to proceed in the petition in hand. Addressing Sheikh Rasheed, the IHC Chief Justice
said that his lawyer would have surely informed him that as per rules, a chief justice could take up a case at any time. He asked Rasheed
to inform the court within two days whether he had trust in it.He added that if you have confidence in it, then this court would hear your case and also ask the same from PTI chairman. At this, Rasheed reiterated that he had appeared before the court because he had full trust in it , and he said
