Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Appointment as advisor--Exercising of executive powers--Abusement of authority--Pendency of matter in Supreme Court--Appointment and conduct of Respondent No. 3 as Chairman of Assets Recovery Unit was challenged before august Supreme Court in a matter and detailed is awaited--P etitioner has not placed on record any material in support of his contention that Respondent No. 3 may have interfered with matters which exclusively fall within domain of Bureau under Ordinance of 1999 or Agency under Act of 1973--Objection regarding Respondent No. 3’s appointment as Chairman of Assets Recovery Unit cannot be considered because it had been raised before august Supreme Court and detailed in matter is awaited--No case at this stage is made out for issuance of a writ of quo warranto in relation to appointment of Respondent No. 3 as an Adviser because neither has a relevant ground been raised nor has material been placed on record for admitting petition to regular hearing--Petition disposed of. Constitution of Pakistan, 1973-- ----Art. 93--Powers of President--Determination of Terms and Condition--President is empowered under Article 93 of the Constitution of the Islamic Republic of Pakistan, 1973 to appoint, on the advice of the Prime Minister, not more than five Advisers. The President determines the terms and conditions of a person appointed as an Adviser. JUDGMENT The petitioner is an enrolled Advocate of the Supreme Court of Pakistan. He has invoked the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 seeking multiple prayers. In essence, the petitioner has challenged the appointment of Respondent No. 3 i.e. Mirza Shahzad Akbar as Adviser, vide Notification dated 22.07.2020, and as Chairman of the Assets Recovery Unit, Government of Pakistan. The petitioner has also asserted in his petition that Respondent No. 3 is illegally exercising executive powers and that, allegedly, through abuse of his authority he is influencing the National Accountability Bureau (hereinafter referred to as the “Bureau”) and other investigating agencies. It is not the case of the petitioner…

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