The registrar office raised objections on the petition. It said: "The Prime Minister cannot be impleaded as party under the Article 248 of the Constitution." The petitioners have not approached any other appropriate forum available to them under the law for same relief. They have not provided any justification for not doing so, the registrar order further added.
They petitioners had prayed to the apex court to restrain Zulfiqar Bukhari from performing his functions as special assistant to the PM and declare the notification dated 14-09-2018 void as the appointment was made unlawfully in violation of the Constitution and thus an unreasonable exercise of the discretion vested in the Prime Minister.
They said that their fundamental rights to life and dignity as guaranteed under Article 9 and 14 of the Constitution are being negated by the arbitrary and unreasonable exercise of discretion by the Prime Minister.
The appointment of honest individuals to public offices, in accordance with law, forms the foundation of good governance, thus allowing the fulfillment of fundamental rights, including the right to life and dignity.
They contended: "It is also settled law that even chief executive of the country is not above the Constitution." They said under Article 63(1)(c), the individuals who possess dual citizenship are disqualified from becoming members of the Parliament therefore rendering them disqualified to serve as federal minister or state minister.
Zulfiqar Bukhari was appointed as special assistant to the prime minister on overseas Pakistanis and human development with the status of minister of state. He is a British citizen holding passport number 518157071.
The maintained that it is a cardinal principle of law and justice 'what cannot be done directly, cannot be done indirectly.' A person who is otherwise disqualified to become a member of Parliament is ineligible to become minister or can't be given the status of minister of state by appointment him as special assistant to prime minister.