
The court directed the advocate general to determine if the federal government has any jurisdiction to interfere after the passage of 18th Constitutional Amendment. A division bench, headed by Justice Nisar Hussain, was hearing a writ filed by Forest Secretary Syed Nazar Hussain on Wednesday.
Arguing before the bench, petitioner’s counsel Asghar Kundi said the petitioner was bound to manage the affairs of his department.
He added, “Recently, National Accountability Bureau chairperson under Section 33(c) of the NAB Ordinance, issued a notification to constitute a committee on management of the affairs of the department.”
He said the law under which the committee was formed dealt with creating awareness to combat corruption and corrupt practices.
Kundi stated, “The forest department was devolved to the provincial government after the passage of 18th Amendment and the federal government has no authority to interfere in its affairs.”
He argued NAB chairperson continued to interfere in the affairs of the department which was illegal. He informed the bench the department has a separate cell for monitoring affairs and requested the court to restrain NAB from interfering in the affairs of the department.
Kundi asked the court to declare the notification issued by NAB chairman as null and void.
The bench, after hearing the arguments, issued a notice to the K-P AG to assist the court in the said matter and adjourned the case till next hearing.
The PHC also suspended a call up notice which was issued by NAB to the secretary on the last hearing that was held on February 3.
Published in The Express Tribune, March 25th, 2016.
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