Non-implementation of order: Contempt petition filed opposite Centre in IHC
Islamabad High Court. PHOTO: Express
ISLAMABAD: A citizen on Monday filed a disregard petition opposite a sovereign organisation functionaries in a Islamabad High Court (IHC) over non-implementation of a order, underneath which, a preference of fixation 5 regulatory authorities underneath applicable ministries had been set aside.
Muhammad Nawaz, a workman of a Pakistan Justice and Democratic Party, by his warn Saliheen Moghal, approached a justice seeking disregard record opposite Principal Secretary to Prime Minister Fawad Hasan Fawad and a association by Joint Secretary of Cabinet Division Dr Iram Anjum Khan for not implementing a before preference of a IHC.
The IHC had set aside a sovereign government’s preference to place 5 pivotal public-oriented regulatory authorities underneath a really ministries opposite whom they were ostensible to strengthen a consumers.
Justice Athar Minallah of a IHC had annulled a impugned presentation of a organisation fixation Oil and Gas Regulatory Authority (Ogra), National Electric Power Regulatory Authority, Pakistan Telecommunication Authority, a Frequency Allocation Board and Public Procurement Regulatory Authority underneath a applicable ministries.
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The postulant pronounced he has come to know that a respondents have re-issued a presentation with a slight change in a diction with a same theme – control and organisation of a eccentric regulatory bodies – but any decision, capitulation or agree of a Council of Common Interests (CCI).
“No preference or capitulation of a CCI has been performed by a respondents as is compulsory underneath a Constitution and a sequence of this court,” a warn settled in a petition.
He prayed a justice to trigger record opposite a respondents; and operation and outcome of ‘contemptuous notification’ released on Jun 6 might be dangling compartment a end of a disregard record and punishment of a ‘delinquent’.
He also requested a justice to emanate a correspondence sequence of a progressing visualisation in a loyal minute and spirit.
Previous decision
Justice Minallah had systematic that a sovereign organisation shall be during autocracy to place a matter before a CCI for a decision, pursuant to powers conferred underneath Article 154 of a Constitution.
The inherent provision, Justice Minallah had noted, unambiguously provides that plan and law of policies in propinquity to matters in Part II of a Federal Legislative List exclusively falls within a ambit of powers and office of a council.
Likewise, he stated, a CCI has been specifically mandated to practice organisation and control over a regulatory authorities determined underneath a sovereign laws.
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Justice Minallah ruled that before to distribution of a presentation a arrangement, underneath that a sovereign organisation was doing a affairs of a regulatory authorities by a Cabinet Division, shall continue compartment varied, altered or nice pursuant to a preference by a CCI.
Previously, a postulant had confirmed that with a presentation and carrying a approach control of Ogra, a sovereign organisation authorised CNG hire retailers to repair their possess prices rather than being bound by a regulatory body.
The postulant had apprehended that typical people would be left during a forgiveness of large business concerns and multinational companies to make an undue and undue distinction but being accountable to a regulatory authorities.
He combined that a same would occur in a box of electricity, write and gas prices for domestic use.
Article source: https://tribune.com.pk/story/1439856/non-implementation-order-contempt-petition-filed-centre-ihc/