Balochistan to move SC over new criminal law

The ordinance grants an executive magistracy judicial powers and was recently declared void.

QUETTA: The Balochistan government has decided to approach the Supreme Court with a team of legal experts against a verdict of the Balochistan High court (BHC) declaring the Code of Criminal Procedure (Balochistan Amendment) Act and Ordinance 2010 illegal. The verdict has also declared the ordinance ultra vires, or beyond the scope, of the constitution.

The decision was made during a special meeting of the provincial cabinet under the chairmanship of Chief Minister Nawab Aslam Raisani. Balochistan Advocate General Amanullah Kanrani briefed the meeting on the BHC verdict stating the ordinance had no legal effect.

The ordinance had earlier been passed by the Balochistan Assembly in order to introduce an executive magistracy in the province and to entrust it with judicial powers to conduct trials and impose punishments.

It was declared at the meeting that the provincial government had the legal right to defend the legislation passed by an elected assembly. Member of the Balochistan Bar Council and the Judicial Commission of Pakistan for Balochistan, Muhammad Kamran Khan Mulakhail, had earlier filed the petition against the ordinance in the BHC.

NATO attacks

The Nato attack in Mohmand Agency was also strongly condemned at the meeting and declared a violation of Pakistan’s sovereignty.

It was also decided that the ban on entry of Nato oil tankers and containers would be extended to Balochistan. “There will be a ban on the entry of oil tankers and containers carrying necessary supplies for an indefinite period,” the meeting declared.

The Balochistan cabinet also adopted a resolution demanding that provincial and national parliaments be allowed to complete their tenure in order to fulfil their constitutional obligation.

Published in The Express Tribune, November 29^th, 2011.