Posing a major legal challenge to a move by the present government to restore the Local Government Ordinance (1979), Police Act (1807) and amendment in Land Revenue Act ( 1867), Moulvi Iqbal Haider, a lawyer and chairman of Awami Himyat Tehrik Pakistan, moved the Sindh High Court (SHC) on Friday, seeking an injunction whereby these acts are declared illegal, void and ab-initio.
Filing a petition under Article 199 of the constitution, Haider contended that there is no provision in the constitution which empowers the rulers to restore a repealed law.
Referring to Article 239 of the constitution, the petitioner said that parliamentarians, legislative bodies have the power to amend, alter or introduce a new law but cannot restore a repealed law.
He referred to sections 140, 147, 264 and sub-section 270 (aa), and said that the acting governor could not be the successor.
He maintained that he has challenged the said ordinance before the Supreme Court but the Sindh government presented the same legislation before the provincial assembly, thus vitiating jurisdiction of the apex court.
The Sindh Assembly by a simple majority had voted the bills into law, which is currently pending formal assent by the acting governor. Thus the petitioner urged the court to declare that impugned bills, even if assented by the acting governor, are illegal.
The petitioner maintained that due to the absence of a permanent governor in Sindh, the constitutional machinery has failed and people and parties in the opposition are denied their fundamental rights and are humiliated and discriminated against. The petitioner urged the court to direct the federal government to appoint a permanent governor, who could effectively deal with the disorder plaguing the province.
The petition is likely to be heard on the coming Monday.
Published in The Express Tribune, July 16th, 2011.
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Who is Maulvi Iqbal Haider?!
"Maulvi Iqbal Haider, first rose to fame when he filed a contempt-of-court petition in the Supreme Court of Pakistan against then prime minister Nawaz Sharif in 1998. It was on his petition that Sharif was presented before the court."
"He pleaded in his application that a criminal case should be registered against the CJP being responsible for the May 12 carnage."
Interestingly, when Musharraf came under pressure to resign in 2009, Haider converted his ‘Musharraf Himayat Tehreek’ into ‘Awami Himayat Tehreek.’
He filed petition against Mush under article 6 of the constitution.
"It is widely believed in legal and political circles in Karachi that anyone can hire the services of Haider for any purpose. Due to his obnoxious activities, the CJP has banned his entry in the Supreme Court also."
Source of Information: Pakistan Today
This is political problem and it will solve through politics . How can court over rule a bill pass by a assembly . I never see court over though a bill yes they only give a observation but at end of day it up to assembly to see observation of court .Also now this problem became ethnic and court verdict may damage its reputation if court give it decision on either side .