SAPMs, advisers cannot be part of cabinet proceedings: IHC

[muhammadhafeezmalik]

SAPMs, advisers cannot be part of cabinet proceedings: IHC

In its detailed order, IHC rules that total number of advisers to the premier should be limited to five

The Islamabad High Court (IHC) has ruled that special assistants and advisers to the prime minister are not members of the cabinet and therefore cannot be part of cabinet proceedings.
“The special assistant to the prime minister is not a minister of state or a federal minister but only enjoys the status for the purposes of perks and privileges. He cannot address the parliament, nor has any executive authority vested in him. He also is not a member of the cabinet and cannot take part in the proceedings of the same,” the IHC stated in its detailed order.
A detailed decision - 23 pages long - rejected the petition against the appointment of 15 special assistants and IHC Judge Justice Amir Farooq wrote the verdict.
The court further ruled that the total number of advisers to the prime minister should be limited to five.
The court, however, stated that “undoubtedly, on special requests, persons can be called in by the committee but no person can be the chairman or a member of the committee of the cabinet, who is not a member of the cabinet.”
“The conferment of status of federal minister to an adviser is again only for the purpose of perks and privileges and the conferment does not make a person/adviser as a federal minister,” the order read.
The details have surfaced in a written order of IHC, which set aside on Monday a notification of the Cabinet Division through which Prime Minister Imran Khan had re-constituted the Cabinet Committee on Privatization (CCoP) and made his adviser of finance Abdul Hafeez Shaikh its chairman and two other advisers – Abdul Razak Dawood and Dr Ishrat Hussain – members of CCoP.

Through the judgment, IHC’s division bench comprising Justice Aamer Farooq and Justice Ghulam Azam Qambrani has declared the appointments of three advisors of PM as chairman and the members of CCoP illegal.

Pakistan Muslim League-Nawaz (PML-N) MNA Rana Iradat through his counsel Mohsin Shahnawaz Ranjha – another PML-N leader – had challenged the inclusion of advisers in the cabinet committee and argued that only elected representatives of the people had the right to govern the country.
Through the notification issued on April 25, 2019, the prime minister had made his adviser on finance and revenue as the chairman and included his adviser on commerce and investment Abdul Razak Dawood and adviser on institutional reforms and austerity Dr Ishrat Hussain as members.

According to the notification, PM Imran had nominated the Minister for Communications Murad Saeed, Minister for Law and Justice Farogh Naseem, Minister for Planning, Development and Special Initiatives Asad Umar, Minister for Privatisation Mohammadmian Soomro, Minister for Power Omar Ayub Khan, as members of the CCoP.

Since CCoP, among other things, was deliberating on important matters such as privatisation of Roosevelt Hotel, assets of the Pakistan International Airlines and other government-owned organizations, the petitioner had also pressed for stay on the cabinet committee proceedings.

SAPMs, advisers cannot be part of cabinet proceedings: IHC | The Express Tribune

In its detailed order, IHC rules that total number of advisers to the premier should be limited to five

tribune.com.pk

 

[El Sidd]

Weak judgements plagued with political blackmail like this nurtures long term corruption.

The government must be held accountable.

 

[Kompromat]

Judiciary should learn to operate within its assigned remit, rather than trying to undermine the function of the Govt.

 

[TheSnakeEatingMarkhur]

SAPMs, advisers cannot be part of cabinet proceedings: IHC

In its detailed order, IHC rules that total number of advisers to the premier should be limited to five
View attachment 694198

The Islamabad High Court (IHC) has ruled that special assistants and advisers to the prime minister are not members of the cabinet and therefore cannot be part of cabinet proceedings.
“The special assistant to the prime minister is not a minister of state or a federal minister but only enjoys the status for the purposes of perks and privileges. He cannot address the parliament, nor has any executive authority vested in him. He also is not a member of the cabinet and cannot take part in the proceedings of the same,” the IHC stated in its detailed order.
A detailed decision - 23 pages long - rejected the petition against the appointment of 15 special assistants and IHC Judge Justice Amir Farooq wrote the verdict.
The court further ruled that the total number of advisers to the prime minister should be limited to five.
The court, however, stated that “undoubtedly, on special requests, persons can be called in by the committee but no person can be the chairman or a member of the committee of the cabinet, who is not a member of the cabinet.”
“The conferment of status of federal minister to an adviser is again only for the purpose of perks and privileges and the conferment does not make a person/adviser as a federal minister,” the order read.
The details have surfaced in a written order of IHC, which set aside on Monday a notification of the Cabinet Division through which Prime Minister Imran Khan had re-constituted the Cabinet Committee on Privatization (CCoP) and made his adviser of finance Abdul Hafeez Shaikh its chairman and two other advisers – Abdul Razak Dawood and Dr Ishrat Hussain – members of CCoP.

Through the judgment, IHC’s division bench comprising Justice Aamer Farooq and Justice Ghulam Azam Qambrani has declared the appointments of three advisors of PM as chairman and the members of CCoP illegal.

Pakistan Muslim League-Nawaz (PML-N) MNA Rana Iradat through his counsel Mohsin Shahnawaz Ranjha – another PML-N leader – had challenged the inclusion of advisers in the cabinet committee and argued that only elected representatives of the people had the right to govern the country.
Through the notification issued on April 25, 2019, the prime minister had made his adviser on finance and revenue as the chairman and included his adviser on commerce and investment Abdul Razak Dawood and adviser on institutional reforms and austerity Dr Ishrat Hussain as members.

According to the notification, PM Imran had nominated the Minister for Communications Murad Saeed, Minister for Law and Justice Farogh Naseem, Minister for Planning, Development and Special Initiatives Asad Umar, Minister for Privatisation Mohammadmian Soomro, Minister for Power Omar Ayub Khan, as members of the CCoP.

Since CCoP, among other things, was deliberating on important matters such as privatisation of Roosevelt Hotel, assets of the Pakistan International Airlines and other government-owned organizations, the petitioner had also pressed for stay on the cabinet committee proceedings.

SAPMs, advisers cannot be part of cabinet proceedings: IHC | The Express Tribune

In its detailed order, IHC rules that total number of advisers to the premier should be limited to five

tribune.com.pk

As usual LHC doing what it always does...

 

[muhammadhafeezmalik]

As usual LHC doing what it always does...

This is IHC.

 

[muhammadhafeezmalik]

Judiciary should learn to operate within its assigned remit, rather than trying to undermine the function of the Govt.

If government will cross its limit, its is judiciary who will cut to its size. Constitution allowed only 5 non-elected advisors to the PM, PM appointed 23 advisors in the name of SAPM with the status of federal ministers and state ministers many of them are not even Pakistan national. If Pm would make whole country SAPM who would intervene??

 

[Hareeb]

Most MNAs in assembly are not well educated, thus the government has to be run by technocrats. Do the judges don't know this or are they trynna be cool or lame? Secondly, isn't it PM's authority to appoint how many SAPMs he wants, and why 5? Why not 1 or 10? This is what happens when you appoint judges on mere political allegiances rather than their performance. This corrupt judicial system has to go.

 

[Enigma SIG]

They want accountants to run the economy, AGAIN.

How many times are we doing to do the same failed experiments again? You ask an economist to fix the economy, not an accountant. Majority of our elected representatives do not have degrees, so you legislate to either improve their standards, or let people who know their stuff run the country via SAPM's. Otherwise you'll end up with Ishaq Dar who FUBAR'ED the economy just to prove he can.

 

[TheSnakeEatingMarkhur]

This is IHC.

They are not any better

 

[muhammadhafeezmalik]

Most MNAs in assembly are not well educated, thus the government has to be run by technocrats. Do the judges don't know this or are they trynna be cool or lame? Secondly, isn't it PM's authority to appoint how many SAPMs he wants, and why 5? Why not 1 or 10? This is what happens when you appoint judges on mere political allegiances rather than their performance. This corrupt judicial system has to go.

Government business is not run by MNAs it is run by bureaucrats, who the mostly technocrats. The MNAs are supposed to tell the bureaucrats/technocrats the will of people not to give technical advice.

They want accountants to run the economy, AGAIN.

How many times are we doing to do the same failed experiments again? You ask an economist to fix the economy, not an accountant. Majority of our elected representatives do not have degrees, so you legislate to either improve their standards, or let people who know their stuff run the country via SAPM's. Otherwise you'll end up with Ishaq Dar who FUBAR'ED the economy just to prove he can.

Same so called economist was also head of PPP finance team, worst era for our economy, same is now.
Here is another "competent" SAPM.

https://twitter.com/x/status/1336545783315828736

 

[muhammadhafeezmalik]

Are the public policies formulated by law-makers or bureaucrats? Though bureaucracy is to design and implement the government policies but they are not technocrats, and usually don't have the required international exposure.

Public policies should be made on will of public representatives, this is essence of democracy. Technocrats should be there for assistance of public representatives they should not be replaced with public representatives.