Court says stay order could be issued if reply not submitted by June 26. PHOTO: FILE
ISLAMABAD: The Islamabad High Court (IHC) on Monday expressed displeasure over the Finance Division (FD) for not submitting a reply on Pakistan Muslim League-Nawaz’s (PML-N) petition against the constitution of 10th National Finance Commission.
Justice Miangul Hassan Aurangzeb warned the FD representative that the court could issue a stay order if the division did not submit a written reply by June 26.
The court directed that the attorney general or the additional attorney general should come and assist the court in the next hearing.
It also accepted petitioner PML-N leader Khurram Dastagir’s request to submit further documents in the case after which the Sindh chief minister’s letter regarding reservations on the constitution of the NFC was made part of the record.
During the proceedings, Barrister Mohsin Shahnawaz Ranjha and advocate Umar Gillani appeared before the court.
Giving reason for not submitting the written reply, the FD representative maintained that similar petitions were being heard in Sindh and Balochistan High Courts too.
“We want these petitions to be transferred to the Islamabad High Court,” the representative said.
Justice Aurangzeb inquired whether the FD had filed an application in the Supreme Court for the shifting of high court cases to one high court.
The FD informed the court that until now no such application had been filed in the apex court.
Justice Aurangzeb remarked that the matter would be taken up when the remaining applications are received and directed the FD representative to submit a reply on the petition which was being heard.
“You are not understanding the gravity of the matter. If a reply is not submitted by the next hearing, the court can issue a stay order,” the IHC judge observed.
Petitioner’s counsel Barrister Ranjha told the court that the opposition was united on the issue of NFC being “unconstitutional”.
The court, while directing the FD to submit a reply on the inclusion of the finance adviser in the NFC, inquired, whether according to the constitution, consultation was held before making him part of the commission.
The IHC has also sought record from the FD regarding the holding of consultation according to the constitution.
The hearing of the case was adjourned until June 26.
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