FIR against PM, others: Islamabad High Court turns down lower court’s order

PTI issued notices; gass cess ordinance challenged by CNG station owner

ISLAMABAD: The Islamabad High Court (IHC) on Thursday suspended a First Information Report (FIR) registered against the prime minister, cabinet members, top police officials and the Islamabad chief commissioner in connection with violence on Constitution Avenue on August 30.

On September 27, the Secretariat police registered an FIR against Prime Minister Nawaz Sharif, key cabinet members, and top police officials on the order of additional district and sessions judge (ADSJ). The application for an FIR had been submitted by the Pakistan Tehreek-e-Insaf (PTI).

At least three people were killed during clashes between the police and PTI and Pakistan Awami Tehreek (PAT) workers after protesters attempted to march on PM House on August 30.

Justice Shaukat Aziz Siddiqui accepted an application filed by top police officials and suspended the FIR while issuing notices to the PTI leadership.

On October 11, former inspector general (IG) of the Islamabad Police Khalid Khattak, the Punjab and Railways IGs, Islamabad Chief Commissioner Mujhaid Sherdil and a former Islamabad Operations SSP had challenged the registration of the FIR, contending that a trial court has no right to intervene in executive decisions.

Additional Attorney General Waqar Rana requested that the court set aside the ADSJ order. He had argued that under Section 22-A, the judiciary and executive were separate pillars of the state and judicial officers could not pass orders against administrative actions. He had contended that police officials were deputed to protect state buildings and only resisted the protesters when they entered buildings and started damaging them. The PTI had filed an application before an ADSJ under Section 22-A while requesting the court to register an FIR against them after the police refused to entertain their application.

Gass cess challenged

In a separate case, the same bench issued a notice to the attorney general of Pakistan (AGP) over a petition filed by CNG station owners who had challenged a presidential ordinance implementing gas infrastructure development cess (GIDC). The petitioners, through their counsel, cited the petroleum ministry, Sui Northern Gas Pipelines Limited (SNGPL) and Oil and Gas Regulatory Authority (Ogra) as respondents. The counsel contended that the issuance of an ordinance was unnecessary when the elected parliament was in place to legislate. GIDC should have been discussed in the parliament, he argued.

The petitioners further contended that the CNG industry was already facing problems due to curtailment of gas supply and would be unable to the bear additional cost.

The presidential ordinance was promulgated to collect cess for gas distribution infrastructure and import of gas through Pakistan-Iran gas pipeline and Turkmenistan-Afghanistan-Pakistan-India gas pipeline.

Appointment of NAVTTC chairman

The same bench also issued notices to the cabinet and ministry of education and technical training secretaries, directing them to appoint an officer to appear before the court to inform the bench of progress made regarding the appointment of a National Vocational and Technical Training Commission (NAVTTC) chairman. The case was then adjourned till October 27.

The post has been vacant for the last 19 months.

Published in The Express Tribune, October 17^th, 2014.