HYDERABAD: The Sindh High Court has taken up the issue of delegating the magisterial powers to Mukhtiarkars to head the tribunals under Sindh Tenancy Act, 1950.
The Hyderabad Circuit Bench comprising justice Salahuddin Panhwar and justice Adnan Iqbal Chaudhry on Friday put on notice Sindh Secretary Law and Additional Advocate General to assist the court on the matter.
The court observed that the Act provided a mechanism to resolve the disputes between the landlords and peasants through the tribunal which was headed by Mukhtiarkar who exercised magisterial powers.
"Since the separation of the judiciary from the executive, it is strange that such tribunal under what law can be headed by a Mukhtiarkar instead of a civil judge," the court noted.
The bench added that such a mechanism was a violation of the Articles 175, 202 and 203 of the constitution with regard to the principles of the separation of powers.
The court also appointed 4 lawyers including advocates Jhamat Jethanand, Noorul Haq Qureshi, Raja Jawad Ali Sehar and Sajjad Ahmed Chandio as amici curiae on the matter.
The order came on a petition filed by a peasant of Sanghar district late Ghulam Ali Laghari whose case is now being pursued by his son in the SHC. The court adjourned the hearing to July 30.