KARACHI: The Sindh High Court on Friday sought arguments on the maintainability of a petition impugning the appointment of Foreign Minister Ishaq Dar as the deputy prime minister.

A regular litigant petitioned the SHC and asked it to declare Mr Dar’s appointment as the deputy PM as unconstitutional and unlawful since there was no provision in the Constitution and other relevant laws for such an appointment.

When the matter was taken up by a two-judge bench headed by Justice Arshad Hussain Khan, it observed that similar appointments were also made in the past.

The bench adjourned the hearing till May 16 after the petitioner sought time to file some judgements of the apex court on the subject matter.

Citing the cabinet division, prime minister secretariat, principal secretary to the president and the secretary of the National Assembly as respondents, the petitioner contended that the cause of action arose when the impugned notification was issued on April 28, prima facie in infringement of the fundamental rights of public.

He submitted that it was a matter of constitutional and public importance severally affecting the preservation, protection and defence of the Constitution and linked with daily lives and good governance in the country.

Referring to various judgements of the Supreme Court, he stated that in cases of conflict between supreme law of the Constitution and an enactment, it was the duty of superior courts as preservers, protectors and defenders of the Constitution to declare such enactment as invalid.

The petitioner asked the SHC to overturn the appointment of Mr Dar as the deputy PM for being ultra vires with the provisions of the Constitution and issue directive to the respondents not to bypass the constitutional commandments as envisaged and mandated in Article 5(2).

Published in Dawn, May 4th, 2024