KARACHI: The Sindh High Court on Thursday issued notices the cabinet division, prime minister secretariat and other respondents on a petition impugning the appointment of foreign minister Ishaq Dar as the deputy prime minister.
Headed by Chief Justice Aqeel Ahmed, the division bench of SHC also put the attorney general on notice for May 30.
Citing the cabinet division, PM secretariat, principal secretary to the president and the secretary of National Assembly as respondents, a regular litigant petitioned the SHC and contended that the cause of action arose when the impugned notification was issued on April 28, prima facie in infringement of the fundamental rights of public.
The petitioner asserted that he was a practicing lawyer and filed the petition in public interest for supremacy of constitution and to protect the scheme of constitutional structure.
He also argued that under the scheme of constitution, particularly under Articles 90 to 94, there was no mention of any post of deputy prime minister whereas under Article 224(IA), in case of dissolution of the Assembly, the President in consultation with PM can appoint a caretaker PM.
However, he further contended that under any article of constitution, there was no scope or authority vested in the PM to appoint or designate any deputy PM while in Article 250, which related to salaries, allowances, etc, of PM and others, there was no mention of office of deputy PM.
The petitioner argued that the PM had no authority whatsoever to create such post or to designate any person as deputy PM.
When the bench confronted the petitioner as to maintainability of the petition in view of immunity provided to the PM under Article 248 of the constitution, the petitioner asserted that since the impugned notification was illegal and had been issued without lawful authority, thus the immunity in question was not attracted in the present matter.
He was also of the view that this aspect of the matter has already been examined by the Supreme Court in the case of Syed Masroor Ahsan versus Ardeshir Cowasjee and others and the judgement was reported in 1998 and it had held that such immunity cannot extend to illegal and unconstitutional acts and PM was bound to obey the constitution and law under Article 248 of the constitution.
The petitioner also referred to another judgement of the apex court in the case of Messers Mustafa Impex and others versus the government of Pakistan wherein it was held that under Article 91 cabinet was a composite concept and its components were the PM and the federal ministers while he asserted that the deputy PM was not part of the cabinet.
The bench in it order said that the petitioner had further relied upon a judgement of the apex court, handed down in the case of Senate through its chairman versus Shahiq Ahmed Khan in 2016, to support that vires of a void notification can be competently and successfully challenged and no limitation was prescribed.
“Contention raised required considerations. Let pre-admission notice be issued to the respondents and attorney general of Pakistan in terms of Section 27A CPC to be served through first three modes for 30.05.2024”, it concluded.
