ISLAMABAD:
A local government (LG) representative has moved a contempt petition in the Supreme Court against the PTI-led Punjab government for not implementing the court’s March 25 order about restoration of the LGs in the country’s most populous province.
Rawalpindi Municipal Corporation Mayor Sardar Muhammad Naseem has filed the contempt petition, in which he has nominated the chief secretary and the LG secretary as respondents.
The petition said the respondents while causing obstructions in the process of the court and by disobeying the clear and unambiguous directions contained in the referred order are liable to be held responsible under Article 204 of the Constitution.
"The reported stance of the respondents to the effect that perhaps on account of some fresh legislation, the LGs constituted under the provisions of the Punjab Local Governments Act, 2013 cannot be given a new life, amounts to saying that the order of this Hon’ble Court is not implementable.
“This argument, if accepted, would set a dangerous precedent that anyone would then successfully flout orders of the court by pleading that according to his interpretation, it is not in accordance with law. Such nature of stance has been deprecated by suo motu case," it said.
It stated that the respondents and other functionaries of Punjab government are not implementing the order of the apex court on the plea that it is a short order and it is not possible to implement any direction of this court until a detailed verdict is out.
“When the Supreme Court of Pakistan has pronounced any order or judgment, it is equivalent to a law declared by the Supreme Court of Pakistan within the meaning of Article 190 of the Constitution and it is binding on all judicial and executive authorities in Pakistan.
“It cannot be treated as mere obiter dictum. Even the obiter dictum of the Supreme Court, due to the high place which the court holds in the hierarchy of courts in the country, enjoy a highly respected position as if it contains a definite expression of the court’s view on a legal principle or the meaning of a law.
It said in case of non-implementation of the judgment, it will have to be found as to who is responsible for the non-implementation. It said Article 190 is a mandatory provision under which there is no alternative for the executive but to act in aid of the Supreme Court of Pakistan.
“Persons identified as responsible for non-implementation of the judgment can be punished by the Supreme Court for disobedience of its judgment.”
The petitioner submitted that once a judicial order is passed, it has binding effect on the executive as well as judicial functionaries in terms of Article 5 and 190.
“The order dated 25.03.2021 is clear in terms and unambiguous and needs no further clarification and the acts on the part of respondents in not accepting the same in its full force are cognizable under the provisions of Article 204 of the Constitution of Pakistan, 1973,” it said.
On May 5, 2019, around 58,000 LG representatives in Punjab – 85% of which belonging to the PML-N – were sent packing – years before completion of their term – after the provincial governor signed the Punjab Local Government Act (PLGA) 2019.
The LG representatives later moved the apex court whose three-judge bench, presided over by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar, on March 25 passed a short order, restoring the LGs.
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