Finance division gets more time to reply in NFC case
IHC tells govt to clarify if stakeholders were consulted for inclusion of finance adviser, secretary in commission
IHC tells govt to clarify if stakeholders were consulted for inclusion of finance adviser, secretary in commission. PHOTO: FILE
ISLAMABAD:
The Islamabad High Court on Thursday gave the finance division two more weeks to submit its response to the petition filed by PML-N leader Khurram Dastagir against the composition of the 10 National Finance Commission.
At the start of the proceedings, Justice Miangul Hassan Aurangzeb asked the assistant attorney general to simply inform the court whether or not the consultation with the relevant stakeholders for the inclusion of the financial adviser and the finance secretary, both non-statutory members of the commission, took place in line with the Constitution.
The law officer responded that the finance division had yet to submit its reply and only that could clarify the matter.
The judge also asked him about when the commission would hold its meeting. The assistant attorney general replied that he would respond to the court’s query after asking the authorities concerned.
The law officer further said the law ministry had prepared its reply to the petition and it would be submitted to the court after the hearing.
The court directed him to provide a copy of the law ministry’s reply to the petitioner’s counsel.
However, Justice Aurangzeb noted with surprise that the reply was only one-page long.
The petitioner’s lawyer, Umer Gilani, requested the court that Sindh Chief Minister Murad Ali Shah’s letter about not consulting with the relevant stakeholders for the composition of the NFC should be made part of the record of the case.
Barrister Mohsin Shahnawaz Ranjha, who is also representing Dastagir, contended that some clauses in the terms of reference (ToRs) of the commission fell beyond its jurisdiction. He noted that the matter of loans acquired for the country had also been included in the NFC’s domain.
Justice Aurangzeb told him that he could take up this matter when the respondents had submitted their replies to the court. The hearing was adjourned till June 18.
The inclusion of the financial adviser and the finance secretary as members of the NFC and agreed terms of reference of the commission has been challenged in the petition.
The petitioner had argued that in the absence of the finance minister, there was no provision in the Constitution for the financial adviser to preside over NFC meetings.
The petition further stated that even for the appointment of non-statutory members, it was necessary to first consult with the governors of the provinces.
The petitioner requested the IHC to declare the notification regarding the composition of the 10th NFC null and void.
On May 12, the government had notified the 10th NFC to announce a new award for the sharing of federal divisible resources between the Centre and provinces.
The Islamabad High Court on Thursday gave the finance division two more weeks to submit its response to the petition filed by PML-N leader Khurram Dastagir against the composition of the 10 National Finance Commission.
At the start of the proceedings, Justice Miangul Hassan Aurangzeb asked the assistant attorney general to simply inform the court whether or not the consultation with the relevant stakeholders for the inclusion of the financial adviser and the finance secretary, both non-statutory members of the commission, took place in line with the Constitution.
The law officer responded that the finance division had yet to submit its reply and only that could clarify the matter.
The judge also asked him about when the commission would hold its meeting. The assistant attorney general replied that he would respond to the court’s query after asking the authorities concerned.
The law officer further said the law ministry had prepared its reply to the petition and it would be submitted to the court after the hearing.
The court directed him to provide a copy of the law ministry’s reply to the petitioner’s counsel.
However, Justice Aurangzeb noted with surprise that the reply was only one-page long.
The petitioner’s lawyer, Umer Gilani, requested the court that Sindh Chief Minister Murad Ali Shah’s letter about not consulting with the relevant stakeholders for the composition of the NFC should be made part of the record of the case.
Barrister Mohsin Shahnawaz Ranjha, who is also representing Dastagir, contended that some clauses in the terms of reference (ToRs) of the commission fell beyond its jurisdiction. He noted that the matter of loans acquired for the country had also been included in the NFC’s domain.
Justice Aurangzeb told him that he could take up this matter when the respondents had submitted their replies to the court. The hearing was adjourned till June 18.
The inclusion of the financial adviser and the finance secretary as members of the NFC and agreed terms of reference of the commission has been challenged in the petition.
The petitioner had argued that in the absence of the finance minister, there was no provision in the Constitution for the financial adviser to preside over NFC meetings.
The petition further stated that even for the appointment of non-statutory members, it was necessary to first consult with the governors of the provinces.
The petitioner requested the IHC to declare the notification regarding the composition of the 10th NFC null and void.
On May 12, the government had notified the 10th NFC to announce a new award for the sharing of federal divisible resources between the Centre and provinces.