Case Details

Citation(s)
2017 SLG 1522 2017 SLD 1522 2017 PLD 214
Sindh High Court
Constitutional Petition No. D-3980 of 2016, 22/11/2016
SAJJAD ALI SHAH, CHIEF, JUSTICE, ZULFIQAR AHMAD KHAN, JUSTICE

FAREED AHMED A. DAYOVSCHIEF MINISTER SINDH THROUGH PRINCIPAL SECRETARY AND 5 OTHERS

Law:

Section:

THIS JUDGMENT DELIVERED BY: SAJJAD ALI SHAH, CHIEF JUSTICE:---.--- The Petitioner through the instant petition has challenged the appointment of the Respondent No. 4 (Barrister Murtaza Wahab Siddiqui) as Adviser to the Chief Minister Sindh with the portfolio of Law, Enquiries . and Anti-Corruption Establishment, the Chairman, Board of Governors for Law Colleges in Karachi as well as Pro Vice Chancellor of Shaheed Zulfiqar Ali Bhutto University of Law. The Petitioner additionally after removal of Respondent No. 4 from the position of Chairman, Board of Governors for Law Colleges seeks the reconstitution of the Board. The Petitioner initially had challenged the Notification No. SOVI(SGA&CD)13 (130)/2015 and No. SOVI(SGA&CD)13 (130/2015 dated 30.04.2015 and 21.05.2015 respectively whereby the Respondent No. 4 was appointed as Adviser to the Chief Minister and subsequent was conferred with the portfolio of Law and was assigned the status of Provincial Minister. However, during the pendency of the instant petition, there was a change to the office of the Chief Minister and consequently two fresh Notifications bearing No. SOVI(SGA&CD)2- 1/2016 and SOVI(SGA&CD)2-1/2016 both dated 30.07.2016 were issued whereby, the Respondent No. 4 was again appointed as Adviser to the Chief Minister and was conferred with the portfolio of Law, Enquiries and Anti-Corruption Establishment with the status of Provincial Minister, etc. Mr. Dayo while referring to the provisions of Articles 90 to 93 and Articles 129 to 131 of the Constitution which deal with the Federal and Provincial Government respectively contended that the Constitution provides a well-structured mechanism for the use of executive authority whereby the executive authority of the Federation is to be exercised in the name of President but through the Prime Minister (a chosen representative of the people) either directly or through the Federal Ministers (which are also the chosen representatives of the people). The Constitution further provides that there shall be a Cabinet of Ministers with the Prime Minister as its head to aid and advise the President in the exercise of his functions. Such Cabinet as…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register