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Govt promulgates all ordinances as per law, Constitution: Farogh

  • He said any attempt to disrespect the decision of the provincial legislatures would be very harmful.
Updated 11 Jan 2021

ISLAMABAD: Minister for Law and Justice Dr Farogh Naseem Monday said the federal government had promulgated all the ordinances as per law and the Constitution of the country without re-promulgating a single ordinance so far.

Responding to the opposition members speeches in the Senate, he said all past governments including Pakistan Peoples Party (PPP) and Pakistan Muslim League - Nawaz (PML-N) also promulgated ordinances during their tenure. The opposition should analysis how many ordinances had been issued so far since 2008, he added.

“All the ordinances are promulgated as per spirit of the Constitution,” he said and added was any ordinance ultra vires to the Constitution, if any the Supreme Court being the guardian could revoke it.

He categorically said these ordinances were issued when the parliament was not in session. Majority of the ordinances were converted into acts of the Parliament or lapsed, he said.

Regarding the ordinance about Sindh and Balochistan’s islands, the minister said the said ordinance had already been lapsed on December 28, 2020. Litigation about the said ordinance was also pending before the Sindh High Court, he added.

He said the government had to pass FATF related ordinances from the joint session of the Parliament due to non-cooperation of the opposition.

Regarding rights of Balochistan and other provinces, the minister said no one could usurp the rights of Baloch people. How much investment was made in the provinces, he questioned.

He said the Ministry of Law's doors were open for all the opposition members. The government would honor all positive suggestions of the opposition, he added.

He said national unity and supremacy of the parliament were the government's top agenda.

Earlier, speaking on the motion that this house may discuss the alarming propensity of the federal government to usurp and subvert the parliamentary and provincial rights guaranteed in the Constitution by attempting to rule the country by ordinances, especially the current case of attempted illegal land grab of Sindh and Balochistan’s islands as well as resources, Mir Kabeer Shahi of the National Party said the government had issued around 40 ordinances in two and half years.

He alleged the federal government for trying to usurp the rights of the provinces. He demanded of the government to withdraw the ordinance.

Lt Gen (R) Abdul Qayyum of the PML-N while taking part in the debate said importance should be given to the parliament. The session was not being summoned despite the fact that many legislation was pending before the parliament.

He said debates should be carried out in the parliament on all important issues.

Sassui Palijo of the PPP alleged that the government was trying to re-promulgate the said ordinance. She said this government had become a factory of ordinances.

Taking part in debate, the Leader of the Opposition Raja Zafar ul Haq said the provincial assemblies of Balochistan and Sindh had decided for retention of those islands with provincial governments.

He said any attempt to disrespect the decision of the provincial legislatures would be very harmful.

Senate Deputy Chairman Saleem Mandviwala said the verdict of provincial governments of Balochistan and Sindh should be accepted with regard to those islands.

The Leader of the House Dr Shahzad Waseem said the federal government did not want to occupy land of provinces as it wanted autonomy and welfare of the provinces.

He said those islands had been facing environmental issues and fishing industry was in danger and steps by the federal government would bring economic development there.

“The steps of the federal government would benefit the provinces of Balochistan and Sindh besides attracting foreign direct investment and create job opportunities there” he added.

He said an ordinance regarding those islands had been lapsed and development would not be possible there without coordination of the provincial governments.

Usman Kakar of the Pashtunkhwa Milli Awami Party and Senator Siraj ul Haq of the Jamaat-e-Islami also demanded to hand over those islands to the provinces as the step would further cement the unity with federation.