Judul : IHC Dismisses Challenge Against SAPM's 'Minister of State' Title
link : IHC Dismisses Challenge Against SAPM's 'Minister of State' Title
IHC Dismisses Challenge Against SAPM's 'Minister of State' Title
The Islamabad High Court (IHC) has rejected the Registrar Office's concern regarding a writ petition that was submitted against Huzaifa Rahman for claiming the title of 'Minister of State' despite having been appointed solely as a Special Assistant to the Prime Minister.
A solitary bench of the IHC, consisting of Justice Khadim Hussain Soomro, heard the petition in conjunction with the objections presented by the IHC's Registrar office concerning the petition's admissibility. Following the arguments provided by counsel Idrees Ashraf regarding the interpretation of the term 'purport', the bench dismissed all the objections and instructed the office to schedule the case.
The petition was submitted by citizen Arham Mukhtar via his lawyer Idrees Ashraf Advocate, and referenced Huzaifa Rahman, Federation of Pakistan Cabinet Division, Ministry of Information and Broadcasting, 4th Floor, Pakistan Electronic Media Regulatory Authority (PEMRA), and other parties.
Ashraf, representing the petitioner, mentioned that Rahman, who was appointed as a Special Assistant to the Prime Minister according to a notification dated 27.02.2025, has been openly presenting and identifying himself as a Minister of State.
He mentioned that Respondent No. 2, through a Notification issued on 27.02.2025, designated Rahman as a Special Assistant to the Prime Minister, holding the position of Minister of State.
He argued that the Respondent No. 1 was appointed as a Special Assistant to the Prime Minister under Rule 4(6) of the Rules of Business, as per a notification dated 27.02.2025 issued by the Cabinet Division. The Rules of Business, 1973 were established under the authority granted by Articles 90 and 99 of the Constitution, which allow the Prime Minister to appoint special assistants to assist and counsel him on specific issues.
Nevertheless, he contended that the phrase "with the status of Minister of State" in the mentioned notice only grants benefits, advantages, and protocol similar to those of a Minister of State. The term "status" does not, in law or in reality, grant the constitutional position of a Minister of State. The word "status" is not equivalent to the word "office."
He stated that under Article 92, Ministers and State Ministers are appointed by the President of Pakistan upon the advice of the Prime Minister, and these appointees are required to take an oath before commencing their duties. However, respondent no. 4 has never been appointed in this manner nor has taken any such oath.
The legal team took the position that, regardless of this, Respondent No. 1 kept publicly presenting and portraying himself, in both formal dealings and media appearances, as a minister of state, thereby illegally claiming to occupy a constitutional position he has not been appointed to.
He argued that this behavior deceived the public, altered the constitutional framework that outlines the structure of the federal government, and breached the legal duty of respondent no. 4 under the PEMRA Ordinance 2002, along with the applicable rules and code of conduct. He further stated that respondent no. 4, as the overseer of electronic media, is required to stop the spread of false or deceptive information. Consequently, he requested the court to issue a writ of quo warranto, compelling Rahman to justify the legal basis for his claim or assertion of being 'Minister of State,' given that he was only appointed as a Special Assistant to the Prime Minister.
He also asked the court to rule that Rahman is not a Minister of State, and that depicting him as such in electronic media is deceptive and unconstitutional. He further requested that only individuals appointed under Article 92 of the Constitution of Pakistan are eligible to use the title of Federal or State Minister.
He also asked the court to order PEMRA to fulfill its legal responsibilities under the PEMRA Ordinance, 2002, to stop the transmission and spread of false and deceptive information about the official position of Respondent No. 1, and to instruct him to issue appropriate guidelines to television and other media outlets on this matter.
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