Governments make laws according to own will: SC

CJ says there is no concept of secret balloting in Islam

ISLAMABAD: The Supreme Court on Tuesday observed that the law has been made a toy and any government, when it comes to power, makes legislation according to its own will and wishes.

A three-member bench of the apex court, headed by Chief Justice Anwar Zaheer Jamali, resumed hearing in the Sindh government’s appeal against the Sindh High Court (SHC) judgment, annulling an amendment in the local government laws.

During the hearing, the chief justice observed that any government, when it comes to power, makes legislation according to its own will. He said that in Islam there was no concept of secret balloting, adding that the provincial government had made an amendment in the local government laws for its own convenience.

“One party praises the amendment while the other declares it as legislation made with malafide intentions,” the chief justice remarked, adding that amendments were meant for bringing an improvement in laws but here amendments were being made for the protection of own interests that ultimately led to destruction instead of improving the local government laws.

The Pakistan People’s Party-led Sindh government had on January 19, 2016, amended the Sindh Local Government Act 2013 to replace secret balloting for mayors and deputy mayors with a show of hands. The amendment was subsequently challenged by the Muttahida Qaumi Movement (MQM) and the Pakistan Muslim League-Functional (PML-F) in the SHC through identical petitions. On February 9, the SHC struck down the amendment and had ordered immediate elections via secret balloting.

The Sindh government, however, challenged before the Supreme Court the verdict of the SHC and the apex court on February 17 put the elections on hold as it reviewed the Sindh elections on hold as it reviewed the Sindh government’s plea.

On Tuesday, Farooq H Naek, representing the Sindh government, concluded his arguments. Additional Attorney General Rana Waqar submitted that Article 226 does not apply to the local government, adding that Article 141-A was inserted in the Constitution under the 18th constitutional amendment.

He further contended that the Constitution does not envisage the election of local government through secret ballot. He said that Article 141 was inserted in the Constitution to hold local government elections, otherwise it was the subject of provincial governments.

The advocate general Punjab submitted before the court that Article 226 does not apply to the local government. Advocate General Khyber Pakhtunkhwa Abdul Latif Yousafzai contended that if it was declared that Article 226 will be applicable to local government then it should not hit local government elections in his province because those were held on 30th of August, 2015 which is now passed and close transaction.

Advocate General Balochistan contended that in the light of Balochistan High Court judgment, they had conducted the local government elections through secret ballot and there was no problem of holding elections through show of hands. Meanwhile, the court adjourned the hearing till today (Wednesday) wherein Barrister Senator Farogh Nasim, counsel for the MQM, will commence his arguments.