Local government polls: SC issues contempt notice to Yasin Malik

Bench hauls defence ministry over the coals for failing to conduct elections in the cantonment areas.

ISLAMABAD:

The Supreme Court on Friday issued a contempt notice to Defence Secretary Asif Yasin Malik for not holding the local government elections in the cantonment boards despite repeated instructions from the court.

The three-member bench of the Supreme Court was unusually blunt in the contempt notice, warning the authorities that if they failed to comply, the law would take its own course.

The bench, headed by Chief Justice (CJ) Iftikhar Muhammad Chaudhry, ordered advocates generals of all the provinces to present their stance about holding LG polls in their respective provinces on October 14. Attorney General for Pakistan Munir A Malik had been directed to act as prosecutor general in Yasin’s contempt case.

The show cause notice to the defence secretary has been issued under Article 204 of the Constitution read with Contempt of Court Ordinance, 2003.



During the course of the hearing, the ministry informed the court that on December 12 2012, the Local Government Act 1924 was replaced by the Local Government Ordinance 2002 but could not be implemented in the cantonment areas as the defence ministry had been granted an extension by the prime minster till May 5 to work under the current setup.

Commenting on this, the chief justice inquired if after the first extension, another extension was granted to continue with the current system. To this, the secretary replied in negative and the court again questioned of how the affairs and funds of the cantonment boards were being run.

Another member of the bench, Justice Jawwad S Khawaja, commented, “Your attitude is contemptuous. You are mocking the court’s directives”.

Upon which the secretary said that he had given the directives according to this belief but holding the election was not under his control.

“If you don’t have the authority then why did you submit affidavits?” the judge asked.

“If you don’t respect the court, then the court will also not regard anyone. You have given undertaking to hold the elections twice but never fulfilled the same,” noted the chief justice.

The chief justice observed that the cantonment board was not a military unit but an elected institution and there were set laws to run it. He said that initially the court was told that the polls will be held in May and later time was sought till September 15, but the orders of the court had been flouted.

The court asked the secretary to submit an explanation within 10 days. He also directed Malik to submit details of how the affairs were run and how the funds had been utilised.

Earlier, the court was informed that the committee, constituted by the prime minister, had approved the Cantonment (Amendment) Ordinance, 2013, but was waiting for a response from GHO. The court noted that holding of LG elections in the Cantonment areas is not a security issue.

The case was adjourned for seven days.

Published in The Express Tribune, October 12^th, 2013.