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ISLAMABAD: The Islamabad High Court (IHC) has set aside the notification regarding the formation of the Cabinet Committee on Privatisation (CCoP), headed by Advisor to Prime Minister on Finance Dr Abdul Hafeez Shaikh.
A division bench comprising Justice Aamir Farooq and Justice Ghulam Azam Qambrani ruled that unelected advisers and special assistants could not head government’s committees and subsequently set aside the notification of the CCoP.
The IHC issued the short order in a petition file by PML-N lawmaker Barrister Mohsin Shahnawaz Ranjha challenging the inclusion of Shaikh, Advisor to PM on Institutional Reforms Dr Ishrat Hussain and Advisor to PM on Commerce Abdul Razzak Dawood in the CCoP.
The petition argued that unlike ministers, advisors are not part of the federal government and are not responsible to Parliament in terms of Article 91(6) of the Constitution.
“They are not subject to the qualification and disqualification provided under Articles 62 and 63 of the Constitution. Before and after their appointment, advisers are not bound to submit their statements of assets and liabilities and they are not subject to any kind of scrutiny,” it added.
After hearing arguments from both sides, Justice Aamer Farooq held that unelected advisers and special assistants could not interfere into the executive’s domain, and declared the formation of CCoP and the appointment of advisers in the committee as illegal.
Earlier in August, IHC Chief Justice Athar Minallah while disposing of the petition filed against the appointment of Adviser to the Prime Minister on Interior Mirza Shahzad Akbar had declared that unelected advisers and special assistants to the prime minister could not exercise executive or administrative powers in the functioning of the government.
