PESHAWAR: A Peshawar High Court bench on Tuesday sought report from an additional advocate general about re-appointment of a special secretary in Khyber Pakhtunkhwa Assembly whose earlier appointment was declared illegal and unconstitutional by the court.

The bench of Justice Qaiser Rasheed and Justice Ahmad Ali directed Additional Advocate General Sikander Hayat Shah to ascertain facts from the assembly and submit his report to the court whether the official, Syed Waqar Shah, had been re-appointed or not.

The bench observed that if it was proved that the court’s order was violated, they would summon the speaker.

The bench was hearing a contempt of court petition filed by Advocate Ali Azim Afridi who claimed that contrary to the judgment of PHC delivered on Nov 13, 2018, wherein the appointment of Syed Waqar Shah was declared as illegal and on basis of favouritism, he was again appointed as special secretary by the present speaker, Mushtaq Ahmad Ghani, on recommendation of a departmental committee including MPAs Babar Saleem Swati, Mohammad Zahoor and Laiq Mohammad Khan.

The petitioner requests the court to proceed against the speaker, three MPAs and three other respondents including a deputy secretary (administration) provincial assembly, Wakil Khan, secretary of the assembly, Nasrullah Khan, and Syed Waqar Shah for committing contempt of court under Article 204 of the Constitution and Contempt of Court Ordinance, 2003.

Court hears contempt petition against speaker and three MPAs

The petitioner had earlier challenged the appointment of Syed Waqar Shah, who was an officer of Pakistan International Airlines Corporation (PIAC) as special secretary to the speaker on deputation and subsequently absorbing his services in the assembly.

A bench comprising Justice Roohul Amin Khan and Justice Qalandar Ali Khan had on Nov 13, 2018, accepted the said writ petition and had ruled that it was abundantly clear from the whole exercise undertaken on the orders of the speaker that the post of special secretary to the speaker in BPS-19 was created in indecent haste for a specific person, who was serving as senior officer, flight services in the PIAC and whose credentials for the post were still shrouded in mystery and best known to the respondents particularly the then speaker (Asad Qaiser).

Quoting from the said judgment the petitioner has stated that the bench had ruled: “The superstructure of appointment on deputation for a further period of three years and subsequent absorption built on such a void order of transfer on deputation was not sustainable, not only because of elements of nepotism and favoritism clearly discernible from the unsavory conduct of authorities in the Assembly, especially Speaker who played key role in bypassing clear provisions of law and rules of the Assembly, despite his tall claim of being custodian of the Assembly.”

The petitioner contended that once the respondent (Syed Waqar Shah) was declared a blue-eyed by the court he could not be reappointed against the said post.

He contends that the re-appointment of the respondent (Waqar Shah) undermines and brings into ridicule the authority of the high court.

Published in Dawn, January 29th, 2020