Hearings and notices: PHC seeks AG’s help in overarching powers

Bench wants his assistance in the Marvi Memon and Haji Abdul Jalil Jan cases.

PESHAWAR:

The attorney general of Pakistan was issued a notice to assist Peshawar High Court in a case filed by Pakistan Muslim League-Nawaz MNA Marvi Memon wherein she has challenged a section of the 18th Amendment.

The notice was issued by a two-member bench of Justice Mian Fasihul Mulk and Justice Asadullah Khan Chamkani. They were informed by Memon’s counsel Umer Farooq Adam that his client had challenged a section that barred a party member from taking action against a decision made by the party chief.



Adam said under this section, a member of assembly could not vote for another candidate in the election without the party chief’s consent. Another bench of the court heard this argument a few months ago when Munir A Malik was the attorney general (AG).

Justice Mulk said it would be better if the attorney general assisted the court again and argued the case. Deputy AG Manzoor Khan Khalil told the bench if they thought it was appropriate, he would argue the case.

The bench responded, saying while it would be appropriate, the AG was a more suitable person in this case. The court added the AG should assist the court whenever it was appropriate for him to come there.

Local government

The bench also issued notices to the AG and local government (LG) secretary in a case filed by Jamiat Ulema-e-Islam-Fazl (JUI-F) provincial secretary of information Haji Abdul Jalil Jan.

He challenged some provisions of the Local Government Act of 2013. The court also ordered that the case be clubbed with similar petitions.

The petitioner’s counsel, Advocate Muhammad Isa Khan, told the court under the LG Act, the nazim should be elected on a general seat basis. According to the law, the chief minister is authorized to suspend the orders of the nazim and the election.



According to Isa Khan, the chief minister has extra powers under the act, which is against the law. He added the current LG Act should be declared null and void, and the government should be ordered to hold elections on political party basis. The councillors elected on special quota seats should be eligible for nazim and the authority of the chief minister should be declared illegal, stated Isa Khan.

The court heard the arguments and issued notices to the AG and LG secretary to submit their comments.

Published in The Express Tribune, January 29^th, 2014.