The Supreme Court on Wednesday dismissed a petition seeking the disqualification of Syed Zulfikar Ali Bukhari, the prime minister’s special assistant on overseas Pakistanis and human resource development.
The decision was taken after a three-member bench, headed by Chief Justice of Pakistan Mian Saqib Nisar, was told that the apex court’s decision on dual nationality holders applied to Bukhari too.
Earlier on December 15, the court had declared that persons with dual nationality could not retain important government positions as they should choose between a government job and a foreign nationality.
Therefore, when Justice Ijazul Ahsan contested the petitioner’s claim, the chief justice came to the latter’s defence, clarifying that the SC had not imposed a ban on dual nationality holders. He said the court had only put forward its recommendations to the Parliament.
“You should have challenged the rules of business against Zulfi Bukhari’s appointment,” the CJP said.
Justice Ahsan responded, “The appointment of a special assistant is the prime minister’s right. Zulfi Bukhari’s case does not come under Article 62 and 63 of the Constitution.”
Then, the petitioner’s counsel pointed out that Bukhari was signing foreign agreements as well which was the job of a minister. The petitioner stated that Bukhari was working as a minister and even attending cabinet meetings.
Bukhari’s counsel Aitzaz Ahsan contested the petitioner’s claim, saying that his client has not claimed the status of a state minister.
Subsequently, the CJP observed that the court could not sack Bukhari and could only make suggestions to the Parliament. Meanwhile, he also sought details of Bukhari’s credentials including the summary through which he was appointed as a special assistant. He said it was the PM’s right to appoint a special assistant, but that did not mean the appointees were at liberty to conduct themselves in whatever manner they liked.
After the hearing resumed following a break, the court set aside the petition while prohibiting Bukhari from claiming the status of a minister.
Published in Daily Times, December 27th 2018.
