Plea for governor rule: Federal, provincial govts given time to file comments on petition

Petition seeks direction for the president to delegate powers to Rangers

KARACHI: The Sindh High Court (SHC) allowed more time - for the third time - to the federal and provincial governments to file comments on a petition seeking direction for the president to either proclaim governor rule in the province or delegate powers to law enforcement agencies to continue the operation against criminals in Karachi.

A division bench, headed by Justice Syed Hasan Azhar Rizvi, directed the federal and provincial law officers to file comments of the authorities concerned by January 13. The bench was hearing a petition filed by Advocate Maulvi Iqbal Haider, chairperson of the Awami Himayat Tehrik, who had moved the court seeking directions for the federal government to proclaim governor rule or delegate powers to law enforcers to continue the operation after the Sindh government refused to extend the Rangers’ special policing powers.

He had argued 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 for the president in such a situation to issue a proclamation in terms of Article 234.



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 out 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.

Need for action

Haider said that the Rangers had taken action against terrorists in the province and had found high-profile politicians to be involved in massive corruption. He alleged that many provincial ministers and influential government servants were also involved in corruption, adding that 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.



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. Haider claimed while the Rangers had restored law and order, the Sindh chief minister was accusing the paramilitary force of harassing political leaders and damaging their credibility. Therefore, he pleaded the court 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 hearing. During Tuesday’s proceedings, the petitioner was not present in court.

Law officers representing the federal and provincial governments requested for more time to file comments. Allowing the request, the judges granted them time till January 13.

Published in The Express Tribune, January 7^th, 2016.