The Islamabad High Court (IHC) has issued notices to the federal government and the Capital Development Authority (CDA) chairman on a petition challenging the Islamabad Local Government Ordinance 2021.
The high court seeking reply by February 28 summoned the Attorney General for Pakistan at the next hearing.
IHC judge Mohsin Akhtar Kayani heard the petition filed by the CDA trade union, challenging the provisions of the Islamabad Local Government Ordinance 2021.
Kashif Ali Malik Advocate appeared on behalf of the petitioner and maintained that the task of the CDA was planning and development whereas in the new law all development directorates have been taken away from the civic agency which was unconstitutional. The petitioner's counsel said that the Islamabad Local Bodies Act, 2015, has been repealed by issuing the new ordinance.
Justice Mohsin Akhtar Kayani inquired as to how could an act of Parliament be repealed through an ordinance.
The judge said that when both houses of Parliament were available, then why was the law repealed through an ordinance? If after the ordinance under which the CDA board was formed has come to an end, then how was the CDA's board was working.
Published in The Express Tribune, December 25th, 2021.
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