ISLAMABAD: A petition has requested the Islamabad High Court (IHC) to restrain 25 ministers and heads of organisations from running the affairs of ministries/institutions as, under the constitution, they come under the domain of Council of Common Interest (CCI).
The petition was filed by barrister Zamir Hussain, a representative of Sindh Coalition for Civil and Political Rights.
It said that the 1973 constitution envisaged two constitutional forums, cabinet and the CCI. The cabinet has been assigned to look after the subjects or ministries related to the federal territories.
The matters related to the policy, regulation, supervision and control of those subjects which come under the domain of the federal and the provincial territories have been entrusted to the CCI, the petition said.
He alleged that the top leadership of the PML-N government is operating the ministries/organizations which are otherwise subject to the CCI. Hence “the domain and jurisdiction of CCI has been taken over by the federal cabinet by establishing ministries on the subject of the CCI unconstitutionally and illegally”.
According to the petition, the ministers include Khawaja Mohammad Asif and Abid Sher Ali water and power, Shahid Khaqan Abbsi and Jam Jamal Khan, petroleum and natural resources; Ahsan Iqbal, planning and development; Khawaja Saad Rafique and Abdul Hakeem Baloch railways; Kamran Michael ports, Ghulam Murtaza Jatoi industries, Riaz Hussain Pirzada inter-provincial coordination, Baleeghur Rehman, education; Pervez Rasheed, information.
Other ministers are: Usman Ibrahim, housing, Abbas Khan Afridi, textile, Ishaq Dar, privatization, Chaudhry Nisar Ali Khan, narcotics control, Sikandar Hayat Khan, food security, Anushe Rehman IT, Pir Mohammad Amin, religious affairs.
The heads of the institutions are: Mariam Nawaz, chairperson Pakistan Youth Loan Scheme, Enver Baig, Benazir Income Support Programme, Ilyas Khan, chairman Evacuee Trust Property Board, Mohammad Ayub Shaikh, chairman Employees Old Age Benefit Institution (EOBI) and Asad Imtiaz Ali, CEO Alternative Energy Development Board.
The petition said that CCI supervises and controls all related institution mentioned above. It is a constitutional body of Pakistan over and above the federal government.
“By creating ministries and divisions on the subjects of CCI and provinces, the federal government has encroached upon the domain of the CCI and provinces in violation of Article 142 and 154 of the Constitution,” the petition said.
It added in utter violation of the constitution, the CCI had never been allowed a permanent existence and the subjects to be dealt by the Council were being supervised by the ministers of the federal government which was unconstitutional.
Questioning the independence of the CCI, the petition stated: “the CCI secretariat is working under the federal government and thus it is neither independent nor impartial and even the agenda for the meetings of the CCI are set and tailored on the direction and wishes of the federal government.”
By assigning the CCI subjects to the ministers the federal government “has enlarged and expanded itself manifold from its original strength as provided under the constitution”. The petition requested the court to restrain the minister and heads of institutions from performing the official functions of their offices.
IHC single bench would take up the petition next week.