SC judge argues in favour of provincial autonomy in hospital devolution case

Right to dissent is essential in the case, says Justice Maqbool Baqar

 ISLAMABAD  : Supreme Court judge Justice Maqbool Baqar on Thursday dilated upon the significance of provincial autonomy and argued that "a province's autonomy could not even be encroached upon unilaterally during the proclamation of an emergency".

In what may be termed crucial to dissent, the apex court judge issued detailed reasoning behind promoting dissent in the hospital devolution case.

Justice Baqar, on the occasion, has dissented with the majority's decision to transfer control of three hospitals in Karachi from the provincial government to the federal government. The judge, in a historic judgment penned earlier against the Orange Line Metro Project, arguing that the project jeopardises heritage sites. "Right to dissent is an essential factor that makes the tenure of a judge of an appellate court tolerable," he quoted.

Trampling on the space reserved for provinces, Justice Baqar maintained that it would jeopardise collective odyssey towards provincial autonomy, as witnessed in the unanimous approval of the 18th Amendment of the Constitution.

Towards the end, the top court judge stated that dissent may not hold legal footing but writing a dissenting note is an appeal to the brooding spirit of the law in anticipation that "today's dissent may become a law tomorrow".