Devolution of IMC powers case: PTI plea to become party accepted

Court seeks replies from respondents on delays


Rizwan Shehzad August 25, 2016
Court seeks replies from respondents on delays. PHOTO: FILE

ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) will also be party to a case over the handover of civic agency assets to the local government.

While accepting an application from the PTI’s opposition leader in the Islamabad Metropolitan Corporation (IMC) to become party to the case, the Islamabad High Court has sought a reply from respondents in a case challenging the transfer of hundreds of employees and assets from the Capital Development Authority (CDA) to the local government.

IHC judge Aamer Farooq sought a reply from all the respondents in the next hearing.

The case of transferring roughly 10,000 CDA employees and physical assets to the IMC was pending before the IHC and PTI’s opposition leader in IMC Ali Nawaz Awan and UC-35 Chairman Malik Muhammad Rafique have also become parties to it.

According to provisions of the Islamabad Capital Territory Local Government Act, 2015, the PTI officials said, an interim and transitional period was still in effect, but practically, the local government has not become functional due to technicalities regarding the transfer of CDA employees.

The applicants said that they were also stakeholders in the IMC but were “handicapped” in performing their legitimate and lawful functions and duties.

Earlier, while challenging the handover of CDA assets to the IMC, three civic agency employees had challenged two notifications issued on June 22 and 27, which placed various CDA directorates, including their assets and liabilities, under the administrative control of the mayor.

Azhar Khan, Mohammad Nisar Akhtar and Syed Munawar Ali Shah through their counsel Umar Hanif Khichi challenged the validity of the notifications issued by the Capital Administration and Development Division (CADD) and the CDA.

Notifications were issued on the basis of an earlier interior ministry notification.

Khichi said CDA Ordinance Section 52 provides a clear mode for dissolution and transfer of assets and liabilities to the federal government or any other agency.

According to section, he said, the government may, by notification in the gazette, declare the authority dissolved on a specified date.

He argued that transferring assets through an office order is illegal and unlawful.

The case will now be taken up on September 6.

Published in The Express Tribune, August 26th, 2016.

 

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