PM has right to niche Advisers, IHC declares

By Uzma Zafar

ISLAMABAD: While hearing a case pertaining to the appointment of Mirza Shahzad Akbar as a special assistant to the prime minister on accountability and interior, Islamabad High Court (IHC) Chief Justice Athar Minallah Tuesday noted that the government’s head can appoint anyone as an adviser as per the Constitution. The high court chief justice was hearing a petition which challenged Akbar’s appointment as a special assistant. The petition urged the court to declare the appointment null and void, arguing that Supreme Court judge Justice Qazi Faez Isa had also questioned Akbar’s credentials and his appointment.
The petition filed in the IHC further alleged that Akbar was “using political influence”.
During the hearing, Justice Minallah remarked: “If the prime minister did not appoint a qualified person as his adviser, it is his prerogative.”
In his arguments, the petitioner’s counsel Amanullah Kinrani argued that the appointment of unelected members was against the National Assembly’s rules, at which Justice Minallah said: “Constitutionally, the prime minister can appoint anyone as an adviser.”
“Shahzad Akbar is part of the federal cabinet,” Kinrani said.Justice Minallah said that the IHC, in its ruling in a case pertaining to the sugar scam, had said that Akbar “cannot be a part of the federal cabinet”.
The petitioner’s lawyer told the court that during Monday’s sitting of the National Assembly, Akbar had answered questions even though ministers were present. He further said that according to the rules of business, accountability is an independent institution.
“What has happened now to cause fear that he [Akbar] is interfering in NAB?” the IHC chief justice inquired.