SHC orders govt to hold census as soon as possible

Karachi
The Sindh High Court on Thursday directed the cabinet division and the prime minister’s secretariat to coordinate and make preparations for holding the sixth census within shortest possible time.
The direction came on a petition seeking holding of census before the local bodies’ elections.
Jamiat Ulema Pakistan leader Dr Siddique Rathore had submitted that amendments to the Sindh Local Government Act were in violation of Article 140-A of the Constitution as section 3 clearly provided population count before staging the local bodies polls.
He said that last census was conducted in 1998 in which the population of Karachi was shown as 9,800,000 whereas the population of city had doubled now. And the formation of union committees was directly related to the population of the city.
The court had directed the Pakistan Bureau of Statistics, the secretary cabinet division and the interior secretary to submit their detailed reports and proposals for conducting and concluding the census within shortest possible time as it was now overdue.
Deputy Census Commissioner Liaquat Ali Chattha filed a report on behalf of the Pakistan Bureau of Statistics in compliance with the court’s order as to whether or not it could hold the census within three months. The bureau submitted it was ready and willing to carry out the population and housing census in the country, however, 10 months were required to make necessary arrangements and coordination with the provincial governments. A timeframe could be predicted on timely availability of financial resources. The bureau added the issue was also pending before the Council of Common Interest since 2011.
The division bench, headed by Chief Justice Maqbool Baqar, after perusal of the report observed it was unfortunate that though the summary of holding both the population and housing census was placed on the council’s agenda on February 10, 2014, the matter was not discussed and forwarded for the next meeting.
The court observed the bureau’s report showed the government was attempting to delay census. In case it was the bad law and order in Balochistan, immediate measures should be taken to contain the same.
It added that the operation against the terrorists and outlaws was underway in the country and it seemed that the security situation in Balochistan has relatively improved.
The court observed the government should allocate sufficient funds for the exercise of census without any further loss of time. The statistics bureau was told to make preparations for census as it had been delayed inordinately.
The court directed all those concerned to coordinate in the matter and submit a detailed report after due preparations so that census was held within the shortest possible time and steps towards the same may be initiated at once.
Adjourning the hearing till March 3, the court ordered all those concerned to submit a detailed and comprehensive compliance.
A notice was also issued to the Secretary of the Inter-Provincial Coordination Division to coordinate efforts towards carrying out census as ordered above.

Plea against excessive appointments
The court has directed the government officers to file additional comments against excessive ministers and appointment of 23 advisors, special assistant, coordinators, political and parliamentary secretaries for the Sindh chief minister.
Moulvi Iqbal Haider had submitted that despite a constitutional bar on the chief minister not to appoint more than five advisers, as many as 23 people had been appointed as advisers, special assistants, coordinators and political and parliamentary secretaries which was in violation of the Article 130(11) read with Article 4,5,9, and 25 of the Constitution.
He stated that as per record issued by Services General Administration and Coordination Department, there were some 18 provincial ministers, including the chief minister, which is also negation of the Article 130(6) of the Constitution that restricts the number of minsters in the Cabinet to 15 or 11 percent of the total membership of the provincial assembly.
He said the CM had appointed 14 advisers and special assistants equivalent to status and privilege of provincial ministers instead of five advisors or special assistants, four coordinators, a political secretary and three parliamentary sectaries with the status of minister which is also violation of the Constitution and also heavy burden on the national exchequer.
Citing the secretary cabinet division, chief secretary and 23 advisors, special assistants and others as respondents, the court was prayed to declare that appointment of more than five advisors, special assistants, coordinators etc was gross violation of the Article 130 (11) of the Constitution and issue writ of quo warranto against the respondents as under what authority of the law they were holding such offices.
The counsel of some respondents undertook to file comments in the petition.
Secretary Service Ahmed Bux Narejo submitted that respondents who had not received notices required further time to submit additional comments.
On the previous hearing, the secretary services had submitted that under the Article 130(11) of the Constitution, the chief minister shall not appoint more than five advisors. However, the CM while exercising his powers as enumerated in the Constitution has appointed only two advisors. The secretary pointed out that the CM was empowered under the Section 4(1) of the Sindh Special Assistants (Appointment, Powers, Functions, Salaries, Allowances and Privilege) Act 2013 to appoint special assistants. The law does not restrict the chief minister to appoint the special assistants. Presently, there are 12 advisors, the secretary added, requesting the court to dismiss the plea.
The court adjourned the hearing till February 12.