KARACHI, Sept 5: The federal government informed the Sindh High Court on Wednesday that the federal information ministry was functioning lawfully and constitutionally and the federal information minister was not exercising executive authority over provincial governments.

A division bench of the high court headed by Chief Justice Mushir Alam was seized with the hearing of a petition seeking removal of the federal information ministry and its minister.

Petitioner Javed Ahmed Langah, represented by Advocate Zamir Ghummro, had prayed to the court to issue a writ of quo warranto against the federal information minister who was holding the office of the federal minister for information and exercising powers without any lawful authority and in violation of the constitution.

The division bench put off the hearing for two weeks as the federal law officer sought time for filing comments of the respondents.

The petitioner said that he had applied for an Audit Bureau of Circulation (ABC) certification for his magazine to the provincial information department that declined his application saying that the function was performed by the federal information ministry.

He submitted that the federal ministry of information through the press information department unlawfully charged fees from the petitioner though the subject of information solely belonged to the provincial government.

His counsel submitted in the petition that the federal information minister was occupying the office and exercising executive authority within the province of Sindh without lawful authority because the subjects administered by the minister were solely provincial matters under Article 142 of the constitution.

Advocate Ghummro stated that various functions and institutions of provincial departments had been retained by the federal government in utter violation of the constitution after the abolition of various ministries at the centre under the 18th Amendment to the constitution.

He said that institutions like EOBI, Passco, functions of collection and distribution of Zakat and Ushr, plant protection, the Pakistan Agriculture Research Council, the Pakistan Medical Research Council, Nursing Council, Pharmacy Council, Tobacco Control Cell, Workers Welfare Fund and a host of other organisations and functions had been unlawfully retained by the federal government on different pretexts.

He stated that the federal information minister and her secretary were occupying their offices without lawful authority as they had no legal mandate whatsoever to remain in such offices.

The counsel contended that these offices could solely be created by the provinces and the federal government had no authority to appoint ministers, state ministers, secretaries or other staff in the ministries as they came within the provincial domain.

He said that the federal minister was liable to be removed forthwith as she was holding the office in clear violation of the constitution.

The petitioner also prayed to the court to restrain the federal government from creating ministries on provincial subjects in future and submit the details of all ministries, including the recently created ministries.

On Wednesday, the respondent cabinet division secretary filed his comments.

It was submitted that the information minister was holding the office rightfully in accordance with Article 92 of the constitution and the federal minister was not exercising the executive authority.

The cabinet secretary stated that the federal government was only exercising functions as provided in the Federal Legislative List of the Constitution.

Moreover, he submitted, the provincial subjects only prohibited the federal government to legislate upon or impose restriction on the collection of revenue.

The federal secretary submitted in his reply that no illegal ministry was created at the centre.

He said that the subjects retained at the federal level did not have the executive authority on provincial governments and they were retained only for the purpose of coordination and for dealing with international agreements.

The federal secretary stated that federal ministers/state ministers were appointed in terms of Article 91 of the constitution. The ministers were not appointed for specific subjects and the prime minister allocated them portfolios as per list of ministries/divisions provided in Constitutional Rules of Business, 1973.