Hasba Bill 2006: Supreme Court accepts presidential reference partially

The Supreme Court of Pakistan has partially accepted the Presidential reference against the Hasba Bill 2006 adopted by the NWFP Assembly and struck down three of its provisions with advice to the provincial legislature to reconsider the bill.
The 8-member full bench of the court gave its unanimous opinion here on Tuesday evening after two days hearing of the Presidential reference. The short order said:
"(1) For the reasons to be recorded later, in our unanimous view, opinion expressed in Reference No 2 of 2005 (Hisba Bill, 2005) has been complied with exception of the provisions of the Section 2(11) of Section 3(2) of the Hisba Bill which appears to have escaped the notice of the Provincial Legislature, which may now be given due consideration"
(2) We are further of the opinion that any violation of the provisions of Section 23 of the Hasba Bill 2006 shall not be subject to Section 14 thereof." The struck down Section 2 (11) relates to the "definition" of the "Alim" (religious scholar) and Section 3 (2) deals with eligibility of an "Alim" for appointment as Provincial Ombudsman.
Section 23 of the Bill specified powers and responsibilities of the Provincial Ombudsman in order to enforce Islamic injunctions, values, end social and cultural vices, corruption, beggary and mold the society into an Islamic one.
The MMA-led NWFP government had also given vast powers to the Provincial Ombudsman under Section 14 of the bill, including contempt of court, exercised by High Courts under Contempt of Court Act 1976. In its short order, the Supreme Court said that the Provincial Ombudsman can not exercise contempt of court powers in case of any violation of Section 23 of the bill.
President General Pervez Musharraf had filed a Reference in the Supreme Court under Article 186 to have verdict of the Court on the revised Hasba Bill 2006, arguing that it would set up a parallel judicial system in the country.
The counsel for NWFP government Khalid Anwar in his arguments on Tuesday contended that the Reference was against the provincial autonomy and an attempt to infringe upon powers and responsibilities of a Provincial Assembly.
The 8-member full bench headed by Chief Justice Iftikhar Mohammad Chaudhry comprised Justice Abdul Hameed Dogar, Justice Sardar Mohammad Raza Khan, Justice Khalil-ur-Ramday, Justice Mohammad Nawaz Abbasi, Justice Mian Shakirullah Jan, Justice Syed Saeed Ashhad and Justice Nasirul Mulk.