Lahore High Court Chief Justice on Tuesday directed the petitioner to come up with arguments by today about whether or not the court could direct the parliament or the Council of Common Interests to construct the Kalabagh Dam.
The petition has been filed by the Judicial Activism Panel chairman Azhar Siddique. Siddique has said in the petition that the superior courts have the jurisdiction and a constitutional duty to direct constitutional bodies to perform their duties. The petitioner has prayed that the court direct the Council of Common Interests to convene meetings and build consensus on the construction of the dam so the energy crisis can be solved. He said “the federal government’s silence and dormant and unconcerned attitude violates the Constitution”.
Published in The Express Tribune, October 24th, 2012.
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This is not the domain of the high court. Article 184 of the Constitution is very clear. It states: "The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more governments." when except Punjab the other three provinces have been opposing the construction of Kalabagh Dam, the LHC has no jurisdiction to issue order regarding construction of the Dam.
Such verdict of Lahore High Court will back fire. Days of Punjab ascendancy are over, not only under the constitution after the 18 amendment, but political awakening and schism in the country will not allow such transgression.