Court seeks reply of attorney general, commission chairman on new provinces

The bench raised question as to whether creating new boundaries is constitutional.

PESHAWAR: The Peshawar High Court (PHC) has sought reply of the chairman of the parliamentary commission on creation of new provinces and Attorney General of Pakistan (AG) Irfan Qadir while hearing a petition on the matter.

A PHC division bench headed by Chief Justice (CJ) Dost Muhammad Khan and comprising Justice Irshad Qaisar was hearing the case. They summoned the AG to appear in person and assist the court on the issue.

The bench issued these orders while hearing a petition filed by Barrister Bacha who has challenged the creation of new provinces. He said that new provinces will lead the country towards fragmentation and disintegration.

The petition, available with The Express Tribune, read that creation of new provinces is the first step towards breaking Pakistan and it was a ploy to score political points by ruling parties. Opposition parties are also involved in the plan, the petition added.



During the hearing on Tuesday, Bacha said that creating new provinces will enable influential people to strengthen their hold. He contended that if new provinces are formed, then people will also demand for Jinnah Pur in Sindh and a Hazara province in Khyber-Pakhtunkhwa.

“Article 1 of the Constitution says that Pakistan comprises of four provinces, a federation and the Federally Administered Tribal Areas,” Bacha said, adding that the president cannot order the formation of a parliamentary commission for new provinces.

Only the parliament can demarcate provincial boundaries but that is only applicable once a bill is passed by the province in question with a two-thirds majority vote, he added.

In response to this, the bench, sought the reply of the commissions chairman, Farhatullah Babar.

The court also sought answers on the constitutional status of creating new provinces and if the commission was encroaching on the powers of Parliament.

The bench questioned whether it’s not mandatory to pass a bill with two-thirds majority in the provincial assembly of the concerned province for creating a new one.

Published in The Express Tribune, February 27^th, 2013.