Published: July 16, 2011
SHC is moved against the new administrative laws. APP/FILE
KARACHI:
Posing a major legal challenge to a move by the present government to restore the Local Government Ordinance (1979), Police Act (1807) and amendment in Land Revenue Act ( 1867), Moulvi Iqbal Haider, a lawyer and chairman of Awami Himyat Tehrik Pakistan, moved the Sindh High Court (SHC) on Friday, seeking an injunction whereby these acts are declared illegal, void and ab-initio.
Filing a petition under Article 199 of the constitution, Haider contended that there is no provision in the constitution which empowers the rulers to restore a repealed law.
Referring to Article 239 of the constitution, the petitioner said that parliamentarians, legislative bodies have the power to amend, alter or introduce a new law but cannot restore a repealed law.
He referred to sections 140, 147, 264 and sub-section 270 (aa), and said that the acting governor could not be the successor.
He maintained that he has challenged the said ordinance before the Supreme Court but the Sindh government presented the same legislation before the provincial assembly, thus vitiating jurisdiction of the apex court.
The Sindh Assembly by a simple majority had voted the bills into law, which is currently pending formal assent by the acting governor. Thus the petitioner urged the court to declare that impugned bills, even if assented by the acting governor, are illegal.
The petitioner maintained that due to the absence of a permanent governor in Sindh, the constitutional machinery has failed and people and parties in the opposition are denied their fundamental rights and are humiliated and discriminated against. The petitioner urged the court to direct the federal government to appoint a permanent governor, who could effectively deal with the disorder plaguing the province.
The petition is likely to be heard on the coming Monday.
Published in The Express Tribune, July 16th, 2011.
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