ISLAMABAD, May 21 (Online): Islamabad High Court (IHC) has issued notices to Attorney General (AG), federal government, secretary cabinet division, Prime Minister (PM) and Ishaq Dar on the petitions filed against appointment of Ishaq Dar as Deputy Prime Minister (DPM).
The court has sought reply from them till June 12.
The case came up for hearing before single bench led by Chief Justice (CJ) IHC Aamir Farooq Tuesday.
Counsel Riaz Hanif Rahi appeared on behalf of petitioner Sher Afzal Marwat and counsel Adnan Sarwar represented Fahd Shabbir.
The CJ IHC Aamir Farooq inquired Lahore High Court (LHC) has already given decision in this case.
The court inquired from the counsel does he know English. Has he checked LHC judgment. You have come from Lahore and You don’t know about Lahore.
The court inquired from the counsel of Sher Afzal Marwat “Rahi Sahb you should tell what are your grounds.
Riaz Hanif Rahi counsel for petitioner took the plea mention about PM and federal minister is made in the constitution but no mention is made about DPM. Two portfolios were given to one person at the expenses of people only for the sake of personal interest.
The counsel for Sher Afzal Marwat said notification on the appointment of Ishaq Dar as DPM was issued on April 28 with the approval of PM. PM is elected office and there is no mention of DPM. PM office is a constitutional office. The constitution of Pakistan is unaware of the post of DPM. There is no such clause in the constitution which allows cabinet division to issue notification about appointment of DPM. Ishaq Dar is already working as foreign minister.
Upon it the court inquired are you saying that no minister can retain two offices.
The counsel for the petitioner took the plea mention is made about PM and federal minister. No mention is made about DPM. Two posts were given to one man at the expense of people for the sake of personal interests.
One person who is appointed illegally cannot avail privileges of the state. Appointment of Ishaq Dar as DPM is breach of article 91 of the constitution.
The court while issuing notices to AG, federal government, secretary cabinet division, PM and Ishaq Dar adjourned the hearing of the case till June 12.
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