ISLAMABAD: The Supreme Court on Friday rejected a petition challenging the appointment of a number of Special Assistants to the Prime Minister (SAPM) and seeking removal of the dual nationals from the coveted posts.

But before dismissing the plea, the SC bench hearing the case had to be reconstituted when Justice Muneeb Akhtar recused himself from hearing the matter. Consequently, a two-judge bench comprising Chief Justice Gulzar Ahmed and Justice Ijaz-ul-Ahsan heard the petition moved by Advocate Malik Munsif Awan through his counsel Mohammad Ikram Chaudhry.

The apex court will issue detailed reasons of dismissing the petition later.

The Islamabad High Court (IHC) in an earlier judgement had held that prime minister being the chief executive of one of the most important organs of the state had to perform multiple/complex functions. In order to enable the prime minister to transact business of the executive organ of the state, he ought to have the freedom to appoint officials or other persons for assistance, the IHC court had ruled, adding there was no restriction on number of special assistants that the prime minster could appoint. There was also no restriction of appointing persons with dual nationality, the court declared.

Bench reconstituted before plea dismissal

The only restriction the Constitution provided under Article 63(1)(c) was confined to disqualification of a person from “being elected or chosen as, and from being, a member of the Majlis-i-Shoora”, the high court had explained.

Before dismissing Mr Awan’s petition, Justice Ahsan reminded the counsel that the apex court had already determined the rules on the appointment of SAPMs in the Zulfi Bukhari case.

In December 2018, the Supreme Court had rejected a similar petition seeking disqualification of Syed Zulfikar Abbas Bukhari aka Zulfi Bukhari, the prime minister’s special assistant on Overseas Pakistanis and Human Resource Development. In that case, the court had rejected the plea with an observation that Mr Bukhari could not undertake “administrative powers or claim the status of a minister” but a person with dual nationality could be appointed SAPM.

The counsel for Mr Awan argued before the SC in the latest challenge that his petition was not only pertaining to the appointment of dual nationals but also about the affairs of the state being run through more than a dozen special assistants and advisers. The petition highlighted that a cabinet notification showed that out of 19 non-elected cabinet members, four SAPMs held dual nationalities. They owned properties, including foreign assets, worth millions of rupees, the petitioner said.

The counsel argued when so many enemies were prying to cap Pakistan’s nuclear assets, how could one expect to have unbiased and honest advice from the foreign nationals on matters of national security, economy, digitization and planning, future prospects, political and parliamentary affairs. The petition wondered about the mechanism devised to check the alleged pilferage of sensitive information on party of individuals who have taken oath of allegiance to other countries and have access and were exposed to sensitive information viz-a-viz our nuclear assets as well as development and economy.

Therefore, the appointment of foreign nationals also amount to abrogation of oath to the office of the prime minister that envisages loyalty to Pakistan, the petition alleged. To secure sensitive information, the petition contended, it was essential to remove the dual nationals from the coveted posts of SAPMs from their respective offices.

Published in Dawn, December 19th, 2020