KARACHI: The appoi­n­t­ment of Forei­­gn Minister Ishaq Dar as deputy prime minister has been challenged in the Sindh High Court for being “unconstitutional”.

The petition, filed on Thursday by Advocate Tariq Mansoor, a regular litigant, pleaded that the appointment was unconstitutional and unlawful since there was no provision in the Constitution for the position of deputy prime minister.

The petition has been fixed for hearing before a two-judge bench on Friday (today).

The cabinet division, prime minister secretariat, principal secretary to the president and National Assembly secretary have been cited as respondents.

The petitioner pleaded that the notification issu­­ed on April 28 to appoint Mr Dar as deputy PM was, prima facie, an infrin­gement of the fundamental rights of the public.

He also asserted that it was a matter of constitutional and public importance “severely affecting the preservation, protection and defence of the Constitution”.

The petitioner further argued that the titles prime minister, caretaker prime minister and federal ministers were categorically mentioned in the Constitution and Rules of Business, but there was no provision for the designation of deputy prime minister.

While referring to various judgements of the apex court, he asserted that in cases of conflict between Constitution and an act, it was the duty of superior courts as preservers, protectors and defenders of the Constitution to declare such enactment as invalid.

The petitioner reques­ted the court to overturn the appointment for being in violation of the Constitution.

Mr Dar, a close confidant of ex-PM Nawaz Sharif, was appointed the deputy prime minister on Sunday, in a move that took many by surprise.

A notification issued by the Cabinet Divi­sion said the appointment was made by Prime Minister Shehbaz Sharif “with immediate effect and until further orders”.

Published in Dawn, May 3rd, 2024

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