IHC directs to give final arguments in plea seeking declaration of 9 ordinances illegal

ISLAMABAD – The Islamabad High Court (IHC) on Tuesday directed to give final arguments in a petition filed to declare the nine ordinances illegal, unconstitutional being ul­tra vires of Article 89 of the Constitution.

A single bench of compris­ing IHC Chief Justice Athar Minallah conducted hear­ing of the petition moved by PML-N MNA Mohsin Ranjha, through Advocate Umer Gi­lani, requesting the IHC to declare the impugned or­dinances illegal, unconsti­tutional being ultra vires of Article 89 of the Con­stitution and having been promulgated in a mala fide manner.

The court also directed Makhdoom Ali Khan, Babar Awan, Raza Rabbani and Abid Hussain Minto who were appointed as amici curiae to submit their re­plies to assist the court in this matter. Later, the IHC bench deferred hearing in this matter till March 12 for further proceeding. Previ­ously, the Federal Ministry of Law stated in its reply that Pakistan Muslim League-Nawaz (PML-N) and Paki­stan Peoples Party (PPP) promulgated 170 presiden­tial ordinances during their regimes.

The written reply stated that the President of Paki­stan was authorised to in­troduce necessary legisla­tion through an Ordinance in accordance of the Con­stitution. It further said that the PML-N and the PPP, who were claimants of Par­liament’s supremacy, had introduced a total of 170 ordinances during their governments’ tenures from 2008 to 2018.

The ministry also pro­duced the details of all or­dinances before the court. President Dr Arif Alvi pro­mulgated on October, 30, 2019, eight ordinances, in­cluding Letter of Adminis­tration and Succession Cer­tificates Ordinance, 2019; Enforcement of Women’s Property Rights Ordinance, 2019; Benami Transactions (Prohibition) (Amendment) Ordinance, 2019; Superior Courts (Court Dress and Mode of Address) Order (Repeal) Ordinance, 2019; National Accountability (Amendment) Ordinance, 2019; Legal Aid and Justice Authority Ordinance, 2019; Whistle-Blowers Act. The President on December, 27, 2019, promulgated another Ordinance i.e. NAB (Second Amendment) Ordinance, 2019.

In his application, Ranjha said that more than one and a half month later, respon­dents have yet to file any re­ply. In the meanwhile, they have continued to promul­gate new ordinances with full speed, while completely sidelining Parliament.

He added that the ques­tion of law raised in the pe­tition goes to the essence of the democratic dispensa­tion envisaged in the Consti­tution 1973.

Let SJC determine whether properties belong to Justice Faez Isa, contends AGP

Attorney General for Paki­stan (AGP) Anwar Mansoor Khan on Tuesday contended before the Supreme Court of Pakistan that let the Supreme Judicial Council (SJC) deter­mine whether properties be­long to or financed by Justice Qazi Faez Isa and whether this comes under misconduct or not?

The AGP made this con­tention before a 10-mem­ber bench of the apex court headed by Justice Umar Ata Bandial which heard identical petitions challeng­ing presidential reference against Justice Qazi Faez for allegedly not disclosing his foreign properties in wealth statements.

Besides the judge of the top court of the country, Pakistan Bar Council, Su­preme Court Bar Associa­tion, Bar Councils Asso­ciation of Punjab, Sindh and Balochistan and Abid Has­san Minto, and I A Rehman have also challenged the Presidential Reference against Justice Isa.

Khan argued that judges require greater level of hon­esty, intellect and law abid­ing. The constitution mak­ers wanted that the judges’ matter instead of bringing in the public be decided by the peer judges, while the executive is kept apart from it. He informed that Justice Qazi in his petition wrote that “I am not bound by the ‘mistake’ made by my spouse.

He submitted that first property was purchased in 2004 and title renewed in 2011 in the name of Zarina Montserrat Khoso Carrera and the daughter. The two other properties were pur­chased in 2013 in the name of spouse along with Sehr Isa Khoso, daughter and Ar­salan Isa, son. He told that Zarina Montserrat Khoso Carrera name was not regis­tered in Pakistan.

Article source: https://nation.com.pk/19-Feb-2020/ihc-directs-to-give-final-arguments-in-plea-seeking-declaration-of-9-ordinances-illegal