News
Tuesday, May 21, 2013
PML-N moves SC against appointments by caretakers* Khawaja Asif prays court to declare all transfers and postings of high officials by the interim government null and void
By Hasnaat Malik
ISLAMABAD: Pakistan Muslim League-Nawaz’s senior leader Khawaja Muhammad Asif has challenged the transfers/postings and shuffling of high officials by the caretaker government, in the Supreme Court.
Submitting a constitutional petition under Article 184 (3) of the constitution, the PML-N leader requested the Supreme Court to declare the acts of caretaker government in effecting the transfers/postings and shuffling null and void, void ab initio and of no legal effect being in contravention of constitution, constitutional conventions and law. Making respondents the federation through Cabinet Division secretary and the caretaker prime minister, the petitioner has also prayed the court to order reversal of all postings/transfers and shufflings and revert to status quo ante when the caretaker government was sworn in.
He requested the court to direct the caretaker government to refrain from effecting any further appointments/transfers/shuffling during its remaining tenure. Asif, through his counsel Syed Safdar Hussain, has contended that constitutional conventions command and mandate that the caretaker government is empowered only to conduct free and fair elections. “The state has been mandated under Article 2A of the constitution to exercise its powers and authority through the chosen representatives of the people and would such power not, in fact be rendered nugatory, if the aforesaid actions of the caretaker government are not set aside and/or declared unconstitutional,” he added.
Khawaja Asif also said that the acts of the caretaker government were tantamount to abuse of power and against the norms of propriety. He questioned whether the new democratically elected government, National Assembly and Senate would be responsible in terms of it policy, when the appointments to key institutions have already been made by the caretaker government in a mala fide manner in an attempt to usurp the mandate of new democratically elected government.
“Whether the actions of caretaker government are not a colourable exercise of power and further mala fide in attempting to steal a march and preempt the democratic mandate granted by the people who have demanded quick deliverance to their problems,” he added. Khawaja Asif said that the acts of caretaker government are against the norms of neutrality, impartiality detachment and devotion to duty to carry on day-to-day affairs of the state without keeping in view of personal interests or those of any political party which are a sine qua non for any caretaker cabinet government.
The petitioner said that his fundamental rights were breached and if the acts of caretaker government were not reversed then the newly elected government would not be able to deliver on the policies. Giving details of the transfers and postings, he said that National Highway Authority chairman Hamid Ali Khan was replaced on May 16, 2013 by Sajjad Hussain Baloch; NEPRA chairman was replaced on the same day and Justice (r) Ahmad Khan Lashari has been appointed in his place; SNGPL managing director Arif Hameed was replaced on May 15, 2013 by Amin Tufail; SSGCL managing director was replaced on March 15, 2013, by Rahat Kamal Siddiqui; Pakistan Mineral Development Corporation Managing Director Khalid Khokhar was replaced by Saifullah Khan. National Fertiliser chairman Rizwan Mumtaz Ali was removed on May 9, 2013; Oil and Gas Development Corporation managing director Masood Siddiqui was removed on May 6; State Life Corporation chairman was removed on May 16, 2013; Pakistan Tourism Development Corporation chairman has reportedly been removed and an another appointed has been made in his stead. Khawaja Asif also contended that Pakistan Software Export Board chairman has been removed and in his stead Saleem Ahmed Ranjha has been appointed who is a direct inductee of former prime minister Yousaf Raza Gilani.
Courtesy www.dailytimes.com.pk