ISLAMABAD - The Supreme Court of Pakistan on Friday turned down an application against the appointment of Advisors and Special Assistants to the Prime Minister.
A two-member of the apex court headed by Chief Justice of Pakistan Justice Gulzar Ahmed and comprising Justice Ijaz ul Ahsan conducted hearing of Munsif Awan’s petition against the appointment of the Advisors and the Special Assistants to the Prime Minister.
The apex court maintained the verdicts of the Islamabad High Court (IHC) regarding the appointment of the advisors and the special assistants. The Chief Justice said that the reasons of their order would be announced later on.
In the beginning of hearing, the Chief Justice said that the case was fixed before three-member bench but Justice Muneeb Akbar has rescued himself from the hearing saying that he cannot hear this case. He said that after his refusal, he had constituted two-member bench for the hearing of this petition.
Justice Ijaz ul Ahsan said that the apex court in Zulfi Bukhari’s case had settled the principle for the appointment of Special Assistants. Dual national can be appointed Special Assistant in that case, said Justice Ijaz.
Representing the petitioner, Advocate Ikram Chaudhry contended that his case is not about the dual nationality but against the appointment of a larger number of special assistants and the advisors by the premier. Then, Justice Ijaz said that in that judgment the apex court has also decided that the prime minister can appoint advisors.
Justice Gulzar said that it is written in the Rules of Business that a person holding dual nationality could become special assistant. Justice Ijaz said that the special assistants are included in Service of Pakistan.
Ikram Chaudhry argued that the special assistants are not included in Service of Pakistan. He said that under Article 93 of Constitution only five advisors could be appointed. He added that however, the appointment of advisors is violation of Article 99 of the Constitution.
Justice Ijaz asked from the counsel that you had already discussed all these points before the IHC. The Chief Justice said that the constitution says that the Prime Minister can have advisors. He said that the Prime Minister can appoint an advisor or special assistant for the expert opinion.
Justice Ijaz said to the counsel that he had raised dual national issue before the Islamabad High Court. He added that the loyalty of the dual national should not be doubted. He further said that if there is no restriction in doing anything then it cannot be refused.