ISLAMABAD: The Islamabad High Court (IHC), Thursday, restored the powers of the Islamabad Chief Commissioner and Deputy Commissioner (DC) to issue orders under the Maintenance of Public Order (MPO).
The division bench of Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri, on Thursday, heard an Intra-Court Appeal (ICA) filed by the government against the decision of a single bench of Justice Babar Sattar and permitted the district administration to perform its functions.
The federal government filed the ICA through Barrister Munawar Iqbal Duggal against the judgment dated 29.12.2023, whereby, Presidential Order No18 of 1980 dated 31.12.1980 was struck down.
In the appeal, the home secretary challenged the decision of the single bench and the court issued notices to the parties involved in the appeal after hearing of the arguments of the petitioner.
Additional Attorney-General contended that the reasons which prevailed with the Judge-in-Chambers are not tenable. He submitted that Article 270-A of the Constitution of the Islamic Republic of Pakistan, 1973 (the Constitution) gives protection of law to Presidential Orders issued under the Proclamation of the fifth day of July 1977. He also submitted that the Parliament (Majlas-e-Shoora) does have the authority to legislate and can exercise the powers which do not fall within the province; however, it does not debar the President to issue Orders under Article 258 of the Constitution.
After hearing the arguments, the IHC bench issued notice to the respondents while it also issued notice to the Attorney-General for Pakistan under Order XXVII-A CPC.
The bench noted, “Meanwhile, the Chief Commissioner may continue to perform his functions pursuant to Presidential Order in question.”
During the hearing, AAG Barrister Munawar Iqbal Duggal requested the court to suspend the ruling till the final decision on the appeal.
Justice Babar Sattar in an 83-page judgement had declared “PO [Presidential Order] No. 18 of 1980, PO No. 2 of 1987, PO No. 2 of 1990 and notifications issued under declaring the administrator or Chief Commissioner Islamabad to be the provincial government for purposes of ICT are ultra vires of the Constitution and therefore declared to be void.”
The judgement asked the federal government to govern Islamabad till the rules to operate the provincial government were finalised. The court also set a three-month deadline to frame the rules.
Copyright Business Recorder, 2024
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