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Sunday, December 08, 2013
Appointment of Baitul Maal MD challenged in SCBy Hasnaat Malik
ISLAMABAD: Awami Muslim League Pakistan President Sheikh Rashid Ahmad on Saturday filed a petition in the Supreme Court (SC), requesting the court to declare appointment of Pakistan Baitul Maal MD “illegal, unlawful” and in violation of law laid down by the court in Khawaja Muhammad Asif case.
Rashid filed the petition through Sardar Abdul Raziq Khan under Article 184 (3) of the constitution making federation, Pakistan Baitul Maal MD Abid Waheed Sheikh and Federal Commission for Selection of Heads of Public Sector Organisations respondents.
He stated that the MD was appointed two weeks ago but a copy of the notification had not been given to the petitioner despite his best efforts. He added that Pakistan Baitul Maal was part of 100 organisations identified and included in the June 12, 2013 judgement in the Khawaja Muhammad Asif case.
“According to that judgement, MD Pakistan Baitul Maal is to be appointed through a process, initiated by the Federal Commission for Selection of Heads of Public Sector Organisations purely on merit through a transparent and fair process,” he added.
Rashid questioned whether an appointment falling in purview of the commission could be made without its recommendation.
“Whether the selection of respondent No 2 as managing director Pakistan Baitul Maal has been made through a transparent, open and fair manner or on the basis of favouritism, nepotism and political consideration?” he said.
The applicant alleged that Pakistan Baitul Maal MD had used his political and personal links for his appointment.
“It is fundamental right of the citizens that they be governed by a state which provides the effective safeguards for their economic well-being, protect the belongings and assets of the state and its citizens from waste and ensures fairness and transparency in the matter of the appointment in the organisations/corporations and other institutions without any favouritism and nepotism,” Rashid said in his petition.
The applicant claimed that the appointment of MD was a matter of public importance with regard to their fundamental rights guaranteed in the constitution and therefore the court had jurisdiction under Article 184(3) of the constitution to adjudicate upon this matter and pass an appropriate order.
Rashid also stated that he had tried his level best to get the copy of notification from the Establishment Division, Prime Minister Secretariat and Baitul Maal but no such copy has been made available despite the fact that right of information has been guaranteed as a fundamental right of every citizen under Article 19-A of the constitution. He said he is constrained to file the instant petition before the SC without copy of such a notification; however, press clipping is annexed.
The SC, while hearing a petition by Pakistan Muslim League-Nawaz leader Khawaja Muhammad Asif against transfers/postings and shuffling of high officials by the caretaker government on June 12, 2013, had directed the newly elected government to constitute a commission for ensuring merits in all future public appointments.
The court noted that more than 100 organisations/corporations, including the Pakistan International Airlines, Pakistan Railways, Pakistan Steel Mills, PEPCO, Utility Stores Corporations, OGDCL, NEPRA, PEMRA, PTA, KESC, SSGPL and NICL, were causing losses of trillion of rupees to the public exchequer.
“In order to ensure the enforcement of the fundamental rights enshrined in Article 9 of the constitution and considering it to be a question of public importance, a commission headed by and comprising two other competent and independent members having impeccable integrity, may be the federal ombudsman or NAB chairman, or a member of civil society, having exceptional ability and integrity, is required to be constituted by the federal government through open, merit-based process, having fixed tenure of four years, to ensure appointments in statutory bodies, autonomous bodies, semi-autonomous bodies, [and] regulatory authorities to ensure appointment of all the government-controlled corporations, autonomous and semi-autonomous bodies, etc. The commission should be mandated to ensure that all public appointments are made solely on merit,” the court had ordered.
Courtesy www.dailytimes.com.pk