Pakistan top court rejects appeal against appointment of PM's special assistants, advisers
ISLAMABAD: The Supreme Court rejected on Friday an appeal filed against the appointment of Prime Minister Imran Khan’s special assistants and advisers.
A three-member bench, headed by judge of Pakistan Gulzar Ahmed, was to listen to the case. However, a two-judge bench heard it after Justice Munib Akhtar excused himself.
The top court upheld the Islamabad High Court’s earlier decision on the appointment of special assistants and therefore the appeal was dismissed.
The reasons for dismissal of the appeal are going to be given within the court’s verdict, the judge said.
The rules are laid down within the case of Special Assistant to the PM for Overseas Pakistanis Zulfi Bukhari, said Justice Ijazul Ahsan.
In the Zulfi Bukhari case, the SC ruled that dual nationals might be special assistants, said Justice Ahsan.
The petitioner’s lawyer, Ikram Chaudhry, argued that his client’s case isn't over dual nationalities.
The government has a military of advisers and assistants, the lawyer said.
It was also decided within the decision that the Prime Minister can have special assistants, Justice Ahsan said.
The Prime Minister can appoint assistants for his assistance, CJP Ahmed said.
IHC's verdict
In July this year, IHC rejected a petition against the appointment of dual nationals as special assistants by Prime Minister Imran Khan. IHC had ruled that the “patriotism of Pakistani citizens holding dual nationality can't be doubted”.
The IHC remarked during a written judgement that the premier was accountable to the people and will not run the state affairs alone.
"The federal has made the principles of 1973 and has described the 'Organization of Divisions' in rule 4 ibid. Sub rule 6 of rule 4 enables the Prime Minister to appoint Special Assistant or Special Assistants and to work out their status and functions," IHC judge Athar Minallah wrote.
"The Rules of 1973, particularly rule 4(6) aren't in conflict with the provisions of the Constitution. Special Assistants aren't members of the Federal Cabinet. Moreover, they're distinct from Advisors appointed by the President on the recommendation of the Prime Minister under Article 93(1) of the Constitution.
"The Prime Minister is that the chief executive of 1 of the foremost important organs of the State and has got to perform multiple/complex functions. an individual elected as Prime Minister is answerable to the people of Pakistan and therefore the Majlis-e-Shoora (Parliament). The onerous role of the Prime Minister described under the Constitution can't be performed by the latter alone," he added.
The IHC judge went on to mention that neither the special assistants to the prime minister nor their patriotism might be doubted supported the very fact that they held dual citizenship, the court ruled, and, thus, couldn't be disqualified either.
Their appointments were the premier's prerogative, it said, adding further that there was no restriction on the amount of SAPMs the PM could appoint
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