LAHORE: Chief Justice of Pakistan Mian Saqib Nisar on Friday assured the counsel for prime minister’s special assistant Zulfi Bokhari that there would be no judicial overreach, but the exercise of discretionary powers by the prime minister must be free from nepotism.

“Making appointments against key posts is a national duty but such affairs cannot run on the basis of friendships,” the chief justice told Barrister Aitzaz Ahsan, the counsel for Mr Bokhari.

Attorney General Anwar Mansoor Khan was also present before a two-judge bench to represent the federal government in a petition challenging the appointment of Mr Bokhari as special assistant to Prime Minister Imran Khan on overseas Pakistanis & human resource development.

“You seem so proud,” Chief Justice Nisar told Mr Bokhari when the latter narrated his profile and achievements.

Mr Bokhari said he was among top 100 influential Muslims living in European countries. He said that being an overseas Pakistani businessman, “I can serve the government to boost business activities”.

CJP says PM’s discretionary powers are not unlimited

Mr Bokhari said he spent five years in Pakistan from age of 13 to 18 and had schooling in Islamabad for a short time.

Defending the appointment of his client, Barrister Ahsan argued that there should be no judicial overreach while dealing with this case. He said the prime minister had appointed Mr Bokhari in exercise of the discretionary powers. He said that a prime minister was supposed to seek advice from people who enjoyed his trust. “Should he seek advice from Barack Obama?” wondered the counsel.

Chief Justice Nisar assured Mr Ahsan that there would be no judicial overreach in the case but the discretionary powers of the prime minister were not unguided. A prime minister was not supposed to act on a personal wish but under the law and the Constitution, he said.

The chief justice recalled that the Supreme Court had already ruled in the Jahangir Tareen case that there could be no nepotism in the exercise of discretionary powers.

The attorney general argued that the prime minister had appointed Mr Bokhari under rules of business. On the point of dual nationality of Mr Bokhari, he said the special assistant was not a member of parliament.

The other member of the bench, Justice Ijazul Ahsan, observed that the court wanted to know the credentials of Mr Bokhari that led to his appointment as special assistant to the prime minister.

Chief Justice Nisar said the court intended to see whether such appointments had been made on the basis of friendships or the law.

Observing arrogance on the face of Mr Bokhari, the chief justice asked Barrister Ahsan to advise his client to leave his anger behind home before visiting the court next time. “He can be suspended before leaving this court,” warned the chief justice and said that Mr Bokhari might be friend of someone but not of the Supreme Court.

The chief justice directed the government to submit credentials of Mr Bokhari and record showing complete process for his appointment starting from the initiation of summary. The next hearing will be held at Islamabad seat on Dec 5.

Law graduates Mirza Moeez Baig and Adil Chattah had filed the petition through Advocate Zafar Iqbal Kalanuri. They challenged Mr Bokhari’s appointment on the grounds of his dual nationality.

Published in Dawn, November 17th, 2018