SDA employees move PHC against assets’ transfer

PESHAWAR: Employees of Sarhad Development Authority (SDA) on Friday moved the Peshawar High Court (PHC) against the Khyber Pakhtunkhwa government’s ordinance on transferring the assets of SDA to the newly established Khyber Pakhtunkhwa Economic Zones Development and Management Company.

Muhammad Ismail Khalil, president of the SDA Employees Association, challenged the promulgation of the ordinance in the high court through lawyer Mohibullah Kakakhel. The petition stated that earlier the association had challenged the dissolution of the SDA and the high court then on March 10, 2016 passed its decision and did not endorse the provincial government’s decision about the dissolution of the SDA through an executive order. The court had also restrained the government from transfer of the SDA assets to the newly established company of the provincial government. It said the high court in the decision also ordered protection of the SDA workers’ service.

The petitioner submitted that though the provincial government promulgated and notified an ordinance on July 22 through which all the assets of the SDA were directed to be transferred to the company.

However, the petitioner said that an ordinance cannot be issued in the circumstances when the sessions of the assembly can be called on 24-hour notice and in this case the session of the assembly was scheduled to be held after the signing of the ordinance and the session of the assembly was also held a few days before the ordinance.

The petition said that the issuance of the ordinance is clear violation of Article 189 of the Constitution read with Article 4 and 25 thereof. It is a settled law that the legislative powers of the elected representatives cannot be exercised by the governor or president unless there is an extreme emergency threatening the very existence of the country.

It was prayed that by acceptance of the petition, the Khyber Pakhtunkhwa Ordinance No. IX of 2016 be declared as illegal and without jurisdiction. As interim relief, the court was requested to suspend operation on the ordinance till disposal of the petition.