LAHORE: A petition has been filed in the Lahore High Court challenging the appointment of advisers and special assistants to Prime Minister (SAPM) Imran Khan for being in violation of the Constitution.

Advocate Nadeem Sarwar argues in his petition that the respondents being not the members of the National Assembly cannot exercise authority and power of the federal government, which is a domain of elected representatives of the people.

He said the appointment of dual national special assistants is also against the national interest and defence of Pakistan.

The lawyer argues that as per Article 90 of the Constitution the executive authority of the federation shall be exercised by the prime minister and federal ministers. He says that the cabinet of ministers that has been authorized by Article 91(1) and the prime minister is only the head of the cabinet and cannot assume power of any federal minister.

“Even if one minister is missing, there can be no cabinet. Therefore, no exercise of authority by the prime minister and other ministers alone,” the petitioner adds.

He argues that by insertion of unelected members no cabinet constitutionally exists and the prime minister is non-existent and incapable of performing his function as prime minister.

The petitioner pleads that the appointment of SAPM and advisers conferring the title of state ministers and perks and privileges is in utter disregard of the constitutional mandate.

He asks the court to declare that Prime Minister Imran Khan is non-existent and be restrained from acting as chief executive of the country. He further asks the court to restrain all the respondent SAPMs and advisors from exercising executive authority of the federation.

Published in Dawn, July 25th, 2020