KARACHI:
A man, who heads a little known group that used to be called the Movement for the Support of Pervez Musharraf, has gone to court to challenge the removal of the former general’s local government system that was introduced in 2001 but expired in 2008.
This petitioner, Maulvi Iqbal Haider, presented a slew of arguments questioning the legality and the way the old commissionerate system has been restored, through his lawyer Amin Memon on Monday.
Haider, the chairman of the Awami Himayat Tehrik Pakistan, argues that the acting governor (in this case Nisar Khuhro) went beyond the ambit of his powers when he restored the four old laws that had been lawfully repealed. These ordinances paved the way for the restoration of the commissionerate system, the old police system and the land revenue act. Nisar Khuhro has been acting governor since Dr Ishratul Ebad stepped down following a breakdown in the Sindh coalition.
Haider argued via Article 199 of the Constitution of Pakistan, that there was no provision empowering the country’s rulers to restore a “repealed law”. Referring to Article 239 of the constitution, he said that parliamentarians and legislative bodies have the power to amend, alter or introduce a new law but cannot restore a repealed law.
According to sections 140, 147, 264 and 270 (aa), an acting governor cannot be a successor either.
Haider maintained that he has challenged the ordinance in the Supreme Court but the Sindh government had brought it up before the provincial assembly, thus vitiating the jurisdiction of the higher forum.
In a simple majority, the Sindh Assembly went on to vote the bills in to law. They are now awaiting the governor (acting governor’s) signature. Haider asked the court to declare that even if the acting governor signs off on the bills, the court declare them illegal.
Haider argued that because there is no permanent governor in Sindh, the constitutional machinery is doomed to fail and people and parties in the Opposition are denied their fundamental rights, humiliated and discriminated. He asked the court to direct the federal government to appoint a permanent governor to protect the people from chaos.
The division bench of the Sindh High Court heard the petitioner and then put the federal and provincial governments on notice for an unspecified date. The bench consisted of Chief Justice Mushir Alam and Justice Muhammad Ali Mazhar. Haider has previously filed petitions against Nawaz and Shahbaz Sharif and Chief Justice Iftikhar Chaudhry.
Published in The Express Tribune, July 19th, 2011.
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