SHC adjourns petition on Kerry-Lugar Bill
Petitioner claims court can overrule government policies if constitution is violated.
KARACHI:
The hearing of a petition challenging the acceptance of aid under the Kerry-Lugar Bill and the conditions attached with the agreement was adjourned till January 20.
A Sindh High Court division bench, comprising Chief Justice Sarmad Jalal Osmany and Justice Ghulam Sarwar Korai, heard the petition on Friday filed by Moulvi Iqbal Haider advocate. The petitioner submitted that Article 142 of the Constitution makes it obligatory for the federal government to lay any proposed foreign aid in the form of a bill before parliament.
The government by accepting the terms dictated by a foreign government has compromised the independence of the country and its sensitive nuclear programme, thus violating the provisions of the Constitution, Haider submitted.
These are ‘sovereign acts’ of the Government of Pakistan, said the bench. “Do you want all policies including foreign and economic policies, to be made by us [the courts]?” the bench asked. This is not a money bill, but foreign aid, the court observed.
It is mandatory for the government to get it approved from parliament but the government is avoiding the approval as its coalition partners oppose the Kerry-Lugar Bill, maintained the petitioner.
The bench raised a number of queries at which the petitioner said he needed more time to prepare to satisfy the court.
The petitioner sought a notice but the court said that it intends to dispose of the case after hearing him at length.
The bench, however, allowed the request and adjourned the hearing till January 20, directing him to show the court under which conditions the nuclear programme and armed forces were compromised.
Published in The Express Tribune, January 15th, 2011.
The hearing of a petition challenging the acceptance of aid under the Kerry-Lugar Bill and the conditions attached with the agreement was adjourned till January 20.
A Sindh High Court division bench, comprising Chief Justice Sarmad Jalal Osmany and Justice Ghulam Sarwar Korai, heard the petition on Friday filed by Moulvi Iqbal Haider advocate. The petitioner submitted that Article 142 of the Constitution makes it obligatory for the federal government to lay any proposed foreign aid in the form of a bill before parliament.
The government by accepting the terms dictated by a foreign government has compromised the independence of the country and its sensitive nuclear programme, thus violating the provisions of the Constitution, Haider submitted.
These are ‘sovereign acts’ of the Government of Pakistan, said the bench. “Do you want all policies including foreign and economic policies, to be made by us [the courts]?” the bench asked. This is not a money bill, but foreign aid, the court observed.
It is mandatory for the government to get it approved from parliament but the government is avoiding the approval as its coalition partners oppose the Kerry-Lugar Bill, maintained the petitioner.
The bench raised a number of queries at which the petitioner said he needed more time to prepare to satisfy the court.
The petitioner sought a notice but the court said that it intends to dispose of the case after hearing him at length.
The bench, however, allowed the request and adjourned the hearing till January 20, directing him to show the court under which conditions the nuclear programme and armed forces were compromised.
Published in The Express Tribune, January 15th, 2011.