ISLAMABAD: Caretaker Federal Minister for Privatisation Fawad Hasan Fawad called on President Dr Arif Alvi and discussed for promulgation of the Privatisation Commission (Amendment) Ordinance, 2023, it is learnt.
The federal caretaker government has decided to issue a presidential ordinance to prevent constitutionally-established high courts from hearing cases related to the privatisation of national assets.
This decision to promulgate ordinance comes in response to a petition challenging the proposed privatisation of Pakistan International Airlines (PIA) that was admitted by the Lahore High Court (LHC).
The interim government has approved the draft of the Privatisation Commission (Amendment) Ordinance, 2023, aiming to establish a Privatisation Appellate Tribunal as the sole forum for addressing legal issues arising from privatization transactions.
The sources said that the Tribunal to be headed by a sitting judge of the Supreme Court or a high court to specifically deal with the cases of privatisation of state-owned entities.
The move has raised concerns about the government’s authority to restrict the powers of high courts established under the Constitution, especially when no privatisation transaction is currently tied to any international agreement.
The caretaker government argues that the ordinance aims to provide investors with confidence by streamlining legal processes and creating a singular forum for dispute resolution, with an appeal option to the Supreme Court.
Copyright Business Recorder, 2023
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