Lawyers reject Farogh Naseem’s proposal for Karachi

‘Article 149 does not give the Centre right of executive control of the province’

HYDERABAD: The legal fraternity of Hyderabad has rejected Federal Law Minister Dr Farogh Naseem's proposition for federal control over Karachi. Sindh High Court Bar Association (SHCBA) and Hyderabad District Bar Association (HDBA) held a joint meeting on Friday over the contentious issue and unanimously condemned Naseem's statement.

"Naseem is a good lawyer. But he has been influenced by his ethnicity and bias," read a statement issued by SHCBA President Nisar Ahmed Durrani and HDBA President Imdad Ali Unar. They observed that under Article 149 of the Constitution, the Centre can only give directions to the provincial government over certain matters but it cannot take over executive control of the province or a city.

The lawyers noted that the federal government can give directions only for the purpose of preventing any grave menace to peace and tranquility or the economic life of Pakistan. "In no way such conditions exist in Sindh." They contended that Naseem has misinterpreted the Article as it does not provide for taking over administrative control of a city of any province.

The two bar associations warned that lawyers will resist any move based on Naseem's interpretation of the law regarding Karachi. "After going through contents of Article 149 common sense dictates that under no provision of the law the federal government is authorised to take over the administrative control of Karachi," said former Sindh advocate-general Muhammad Yousuf Laghari at a press conference in Hyderabad.

Laghari cited a 1998 Supreme Court judgment which also barred the Centre from stepping on the provincial government's toes. "No law permits the federal government to assume to itself in any such eventuality the powers and authority of the provincial governments," read the judgments according to Laghari. He contended that the ruling party in the Centre can settle its score with the ruling party in Sindh through some other way but the lawyers will resist any step against the constitution and provincial autonomy.

Qaumi Awami Tehreek President Ayaz Latif Palijo, who is also a general secretary of the Grand Democratic Alliance, rejected and condemned Naseem's proposal and demanded that he should be removed from the ministry. "I demand from Sindh Chief Minister Syed Murad Ali Shah and Chairman of the ruling Pakistan Peoples Party (PPP) Bilawal Bhutto Zardari to charge Naseem under Article 6 of the Constitution."

He said the Pakistan Tehreek-e-Insaaf's (PTI) federal government is already neglecting Sindh as far as development projects and government employment is concerned and that the province is also not being given its due share of water. He gave a call for province wide protests on September 15.

Awami Tehreek President advocate Sajjad Ahmed Chandio said the Centre is trying to make another attack on Sindh's unity under the guise of Article 149. He also rejected the Karachi committee which has been formed by the federal government. The party will observe a hunger strike on September 14.

Published in The Express Tribune, September 14^th, 2019.