Federal govt’s comments sought in regulatory bodies case

LAHORE

The Lahore High Court Tuesday sought comments from the federal government and five regulatory bodies the control of which has been given to different ministries. 

Chief Justice Syed Mansoor Ali Shah had already suspended a notification regarding subjugation of National Electric Power Regulatory Authority (Nepra), Oil & Gas Regulatory Authority (Ogra), Pakistan Telecommunication Authority (PTA), Public Procurement Regulatory Authority (Pepra) and Frequency Allocation Board (FAB) under their respective ministries. Pakistan Tehreek-i-Insaf leader Jahangir Tareen and a citizen, Ali Irfan, had filed petitions on the matter.

During the proceedings, petitioner’s counsel Sheraz Zaka raised objection when Advocate Faisal Naqvi appeared on behalf of ministry of water and power as a private counsel. He contended that Naqvi could not appear on behalf of federal ministry as a recent Supreme Court judgment stated the government could not engage private counsel.

However, Advocate Naqvi said his power of attorney had been duly certified by attorney general of Pakistan. The chief justice adjourned further hearing till May 5 and sought replies from the respondents.

Advocate Zaka argued that already the rule 16 (2) of rules of business had been declared ultra vires by the Supreme Court through which it could be derived that the prime minister could not bypass the cabinet and therefore the rule 3(3) of rules of business should also be declared ultra vires. He submitted that the notification issued by the federal government without the consultation of cabinet and council of common interest was unconstitutional and infringes the fundamental rights. 

More arguments sought in JuD case: A division bench of the Lahore High Court on Tuesday adjourned for further arguments the hearing of petition of Jamatud Dawa chief Hafiz Saeed and his four aides for Monday.

The bench headed by Justice Syed Kazim Raza Shamsi asked the law officer to respond to all points raised by Advocate AK Dogar, the counsel of the petitioners.

Advocate AK Dogar, the counsel of Hafiz Saeed, submitted before the court that his clients were serving the humanity. At this Justice Shamsi said in the line of service, some steps are taken which go beyond the service and create disturbance.

In reply to the petition, a law officer on behalf of Punjab home department submitted that being informed by the federal government that the Jamatud Dawa and Falah-e-Insaniat Foundation are engaged in certain activities which could be prejudicial to peace and security and in violation of Pakistan’s obligations to the UN Security Council resolution passed against these organisations. He said being active members of these organisations, the petitioners’ activities could be prejudicial to the peace and their activities need to be closely monitored in the national interest.

The names of the petitioners were placed on the 4th scheduled and ATA and they were detained for a period of 90 days on 30th of January. He said they could file representation against their detention orders before the home secretary according to the law. He requested the court to dismiss the petition. Advocate Dogar submitted that his clients were detained under pressure from US and India.

He said if the government find anything wrong on the part of his clients, it should deal them in accordance with the law of the land and not under the obligations of the UN resolution.

He said in 2009, Hafiz Saeed was also put under house arrest despite banning his organisation. But, he said, a full bench of the LHC had declared that detention illegal as the government failed in presenting any proof of his involvement in terrorism against him.

Arguments of Dogar were going on and the court due to shortage of time put off the hearing till Monday (March 27).

Court allows girl to go with husband: An additional district and sessions court on Tuesday allowed a girl to go with her husband after getting her recovered from the illegal detention of her parents.

Arshad Ghazi, a resident of Sahiwal, had filed a habeas corpus petition contending that he married Sadia Tufail, a resident of Chaungi Amrsidhu, on February 23. He said that they had contracted court marriage as the parents of Sadia had not agreed to his proposal. He said that a few days back Muhammad Tufail, father of his wife and her brother Zeeshan paid a visit to his house saying that they were ready to want to resolve the issue. Father of his wife wished to take her with him for a few days, he added. Petitioner said that after seeing the attitude of his wife's father and brother, he allowed his wife to go with them. However, when he visited the house of Muhammad Tufail to bring his wife back, Tufail refused to allow him enter his house. He said that his wife's family give life threats to him. He implored the court to recover his wife, saying that her life was in danger. On his plea, the court appointed a bailiff.

The bailiff raided the house of Tufail and found the girl there. Later, the girl appeared before the court. The girl while recording her statement wished to go with her husband and she was allowed to go with her husband.