IHC recommends formation of division bench for NFC case
Directs Finance Division to submit reply till next week
ISLAMABAD:
A single member bench of the Islamabad High Court (IHC) on Tuesday recommended Chief Justice Athar Minallah to constitute a division bench to hear a case against formation of the 10th National Finance Commission (NFC) by the president of Pakistan.
The petition was moved by Pakistan Muslim League-Nawaz leader Khurram Dastagir.
Justice Miangul Hassan Aurangzeb conducted the hearing and issued an order sheet, requesting formation of a division bench and sent the matter to the IHC chief justice.
The hearing was supposed to be held on Friday, but now it would be held next week.
The single bench has already issued notices to the finance ministry and other stakeholders and obtained their replies. The court has directed the Finance Division to submit its reply till next week.
The court states in the order sheet that given the importance of the questions of constitutional nature raised in the petition, the attorney general for Pakistan or the additional attorney general should be present in the court on the next hearing.
The court ordered to transmit a copy of this order as well as the others dated June 4, 2020 and May 28, 2020 to the AGP or the AAG.
The single member bench allowed the petitioner to file more documents in the case.
It also ordered to make the letter of the Sindh chief minister regarding reservations on NFC as part of the case record.
According to the order sheet, the Finance Division representative apprised the court that similar writ petitions are pending before the Sindh and Balochistan high courts. “The Finance Division intends to file an application for the transfer of the said petitions to this court so as to avoid the possibility of conflicting judgments.”
The court directed the Finance Division representative that “be that as it may, the Finance Division should have filed their para-wise comments so that this petition could have proceeded further”.
A single member bench of the Islamabad High Court (IHC) on Tuesday recommended Chief Justice Athar Minallah to constitute a division bench to hear a case against formation of the 10th National Finance Commission (NFC) by the president of Pakistan.
The petition was moved by Pakistan Muslim League-Nawaz leader Khurram Dastagir.
Justice Miangul Hassan Aurangzeb conducted the hearing and issued an order sheet, requesting formation of a division bench and sent the matter to the IHC chief justice.
The hearing was supposed to be held on Friday, but now it would be held next week.
The single bench has already issued notices to the finance ministry and other stakeholders and obtained their replies. The court has directed the Finance Division to submit its reply till next week.
The court states in the order sheet that given the importance of the questions of constitutional nature raised in the petition, the attorney general for Pakistan or the additional attorney general should be present in the court on the next hearing.
The court ordered to transmit a copy of this order as well as the others dated June 4, 2020 and May 28, 2020 to the AGP or the AAG.
The single member bench allowed the petitioner to file more documents in the case.
It also ordered to make the letter of the Sindh chief minister regarding reservations on NFC as part of the case record.
According to the order sheet, the Finance Division representative apprised the court that similar writ petitions are pending before the Sindh and Balochistan high courts. “The Finance Division intends to file an application for the transfer of the said petitions to this court so as to avoid the possibility of conflicting judgments.”
The court directed the Finance Division representative that “be that as it may, the Finance Division should have filed their para-wise comments so that this petition could have proceeded further”.