New provinces: ‘President overstepped his mandate’
“The president overstepped his mandate as there was no bill pending in the Assembly,” says petitioner's counsel.
Gilani produced a letter written by a National Assembly deputy secretary stating the message received from President regarding the constitution of the commission. PHOTO: FILE
LAHORE:
Additional Attorney General Abdul Hayee Gilani on Tuesday failed to produce a copy of the parliament’s resolution for forming a commission for the creation of a new province.
Justice Khalid Mehmood Khan said it seemed that no such resolution had been passed at all. The court then directed the counsel to complete their arguments at the hearing on March 7.
Justice Khan had directed Gilani on March 1 to produce the resolution.
Instead, Gilani produced a letter written by a National Assembly deputy secretary stating the message received from President Zardari regarding the constitution of the commission.
It had been read out in the Assembly in July 2012 under rule-67 of the Rules of Procedure and Conduct of Business in NA, 2007.
Minister for Religious Affairs Syed Khursheed Ahmed Shah had then proposed that a commission be set up. The speaker was authorised to constitute the commission considering the proposal was not opposed, the letter read. The letter added that Assembly proceedings were an internal matter of the parliament and were protected.
The petitioners had challenged the formation of the parliamentary commission which has recommended the creation of a Bahawalpur-Southern Punjab province and the inclusion of Mianwali district in the new province.
“No such resolution was passed. Otherwise, it could have been produced before the court,” lawyer for the petitioner argued.
Justice Khan observed that while under Article-69, NAs proceedings could be kept secret, it was necessary to produce the resolution passed on the matter.
The petitioners’ lawyer said the president could send a message under Article-56(2) of the Constitution when a bill was pending, but had no authority to direct the parliament.
“The president overstepped his mandate as there was no bill pending in the Assembly,” the lawyer said.
Published in The Express Tribune, March 6th, 2013.
Additional Attorney General Abdul Hayee Gilani on Tuesday failed to produce a copy of the parliament’s resolution for forming a commission for the creation of a new province.
Justice Khalid Mehmood Khan said it seemed that no such resolution had been passed at all. The court then directed the counsel to complete their arguments at the hearing on March 7.
Justice Khan had directed Gilani on March 1 to produce the resolution.
Instead, Gilani produced a letter written by a National Assembly deputy secretary stating the message received from President Zardari regarding the constitution of the commission.
It had been read out in the Assembly in July 2012 under rule-67 of the Rules of Procedure and Conduct of Business in NA, 2007.
Minister for Religious Affairs Syed Khursheed Ahmed Shah had then proposed that a commission be set up. The speaker was authorised to constitute the commission considering the proposal was not opposed, the letter read. The letter added that Assembly proceedings were an internal matter of the parliament and were protected.
The petitioners had challenged the formation of the parliamentary commission which has recommended the creation of a Bahawalpur-Southern Punjab province and the inclusion of Mianwali district in the new province.
“No such resolution was passed. Otherwise, it could have been produced before the court,” lawyer for the petitioner argued.
Justice Khan observed that while under Article-69, NAs proceedings could be kept secret, it was necessary to produce the resolution passed on the matter.
The petitioners’ lawyer said the president could send a message under Article-56(2) of the Constitution when a bill was pending, but had no authority to direct the parliament.
“The president overstepped his mandate as there was no bill pending in the Assembly,” the lawyer said.
Published in The Express Tribune, March 6th, 2013.