SHC seeks response on plea for governor rule in Sindh

Petitioner claims Sindh govt not performing its functions according to the Constitution

KARACHI: The Sindh High Court (SHC) repeated notices on Tuesday to the federal and provincial authorities, directing them to submit comments on a petition seeking direction for the president to either proclaim governor rule in the province or delegate powers to the law enforcement agencies to continue the operation against criminals in Karachi.

A division bench, comprising justices Ahmed Ali M Sheikh and Khadim Hussain M Sheikh, directed the respondents to submit their comments by on the next hearing on January 6.

Maulvi Iqbal Haider, chairperson of the Awami Himayat Tehrik, had filed the petition, seeking to invoke Article 234 on the grounds that the Sindh government could not carry out its business in accordance with the provisions of the Constitution. The petitioner added that a direction was required to the president in such a situation to issue a proclamation in terms of Article 234. Article 234 states that if the president is satisfied that a situation has arisen in which the governance of the province cannot be carried on in accordance with the provisions of the Constitution, the president may assume to himself, or direct the governor of the province to assume on behalf of the president, all or any of the functions of the government.



Haider said that the Rangers had taken action against terrorists in the province and had found high-profile politicians involved in massive corruption. He alleged that many provincial ministers and influential government servants were also involved in corruption, adding that in this regard, former and sitting ministers had obtained bail before arrest from the SHC in various corruption cases, which were pending against them in the accountability court.

Haider said the paramilitary force had found a former federal minister (Dr Asim Hussain) and other high-profile political figures involved in meditating with terrorists and serious corruption and had arrested the former minister and the Muttahida Qaumi Movement leaders.

He stated that the Sindh government was not extending the powers of the paramilitary force in order to hide the corrupt practices of high-profile politicians, thus it was unable to protect the fundamental rights of citizens.

He claimed while the Rangers had restored law and order, the Sindh chief minister was stating that the paramilitary force was harassing political leaders and damaging their credibility. Therefore, he pleaded the court to declare that the president is empowered to proclaim an emergency and enforce governor rule under Article 234, as constitutional machinery had failed to protect the fundamental rights of the public at large in Sindh.



Questioning the maintainability of the plea, the bench had, on December 17, also issued notices to the federal and provincial authorities to file their comments by the next date of hearing.

When the matter was taken up on Tuesday, the judges found that the comments from the authorities had not been filed yet. Fixing the hearing for January 6, the bench directed the authorities to file such comments by the next date of hearing.

Rangers’ powers curtailment

The same bench also issued notices to the federal and provincial authorities on another petition questioning the Sindh government's attempt to curtail powers of the paramilitary force in the province.

Maulvi Iqbal Haider, who had filed the petition, argued that the Rangers are a law enforcement agency under administrative control of the federal government which had allowed them to conduct operations against criminals in Sindh. Therefore, the federal government can take any decision on their powers, he argued.

He pointed out, however, that recently the Sindh government had got a resolution passed through the provincial assembly to curtail the Rangers' powers. He alleged that the resolution was based on mala fide intentions and aimed to save the former federal minister, Dr Asim Hussain, who is facing charges of terror funding and corruption.

Published in The Express Tribune, December 30^th, 2015.