ISLAMABAD, May 20: PML-N leader Khawaja Mohammad Asif challenged in the Supreme Court on Monday transfers and postings as well as shuffling of senior government officials by the caretaker government.
A petition filed by his counsel Syed Safdar Hussain requested the court to declare the actions taken by the caretaker government as unconstitutional, illegal and void ab initio. The constitutional conventions command and mandate the caretaker set-up only to the extent of holding free and fair elections.
Khawaja Asif provided a list of senior officers who had been transferred, posted out or shuffled. According to it, National Highway Authority chairman Hamid Ali Khan was replaced by Sajjad Hussain Baloch on May 16, Nepra chairman by retired Justice Ahmad Khan Lashari on the same day, SNGPL’s managing director Arif Hameed by Amin Tufail on May 15, SSGCL’s managing director by Rahat Kamal Siddiqui on March 15 and Pakistan Mineral Development Corporation’s managing director Khalid Khokhar was replaced by Saifullah Khan.
Similarly, National Fertiliser’s chairman Rizwan Mumtaz Ali was removed on May 9, Oil and Gas Development Corporation’s managing director Masood Siddiqui on May 6 and the State Life Corporation’s chairman on May 16. The Pakistan Tourism Development Corporation chairman’s has reportedly been removed.
The chairman of Pakistan Software Export Board has been replaced by Saleem Ahmed Ranjha, who was inducted directly by former prime minister Yousuf Raza Gilani.
The petition said FIA’s director general appointed a month ago was also reported to be in the process of being replaced, adding that certain employees/officers of the Pakistan Telecommunication Authority had reportedly been removed without following the procedure envisaged in the relevant statute.
A number of mid-level staff in corporations/bodies have also been shuffled, transferred or removed.
“The manner in which the caretaker government has undertaken large-scale transfers/postings reeks of mismanagement and corruption and is further in excess of the mandate conferred upon the caretaker government in terms not only of the law but of the age-old conventions,” Khawaja Asif said.
He made the federation through the cabinet division secretary and the caretaker prime minister as respondent and requested the court to reverse all postings and transfers as well as shuffling and revert the status quo ante to the position when the caretaker government was sworn in.
The caretaker government should also be directed to refrain from doing so during its remaining tenure.
The state has been mandated under article 2A of the constitution to exercise its powers and authority through the chosen representatives of the people.
Khawaja Asif argued that the actions taken by the caretaker government amounted to abuse of power and were against the norms of propriety and asked whether the new democratically elected government, the National Assembly and the Senate would be responsible when the appointments to key institutions had already been made by the interim government in a mala fide manner in attempting to usurp the mandate of the 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 pre-empt the democratic mandate granted by the people who have demanded quick deliverance to their problems,” he said.
The petitioner said the acts of caretaker government were 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 personal interests or those of any political party which were a sine qua non for any caretaker cabinet.
Khawaja Asif said his fundamental rights had been breached and if the acts of caretaker government were not reversed the newly elected government would not be able to deliver upon its stated policies.
ELECTION: Singer Abrarul Haq, a candidate of the Pakistan Tehreek-i-Insaf, filed a petition in the Supreme Court on Monday requesting it to declare the election process in NA-117 Narowal-III unlawful, illegal and void and direct the Election Commission not to notify PML-N leader Ahsan Iqbal as member of the National Assembly till the pendency of his petition.
He alleged that Ahsan Iqbal had succeeded in the May 11 elections because of the influence he wielded on police and local administration as well as notorious absconders like Samiullah, Basit Cheema, etc.
“The respondent by corrupt and illegal practices succeeded in creating a situation of terror so much so that even voters in many cases refrained from coming out of their homes to cast their votes on the election day,” the singer said.





























