KP Ordinance: SC orders fixing of plea on Nov 13

ISLAMABAD: The Supreme Court (SC) has set aside the order of its Registrar Office and ordered to fix for hearing on November 13, the petition, challenging KP’s ‘Action in Aid of Civil Administration' Ordinance that allowed military to set up internment centres throughout the province.

On October 17, Farhatullah Babar, PPP senior leader along with Afrasiab Khattak, Bushra Gohar of Awami National Party (ANP) and Rubina Saigol had challenged the impugned Ordinance in the apex court under Article 184(3) of the Constitution.

In August, the Khyber Pakhtunkhwa government promulgated the impugned ordinance extending certain powers of the armed forces, which were available in the erstwhile Fata and Pata while acting in aid of civil power, to the entire province.

The ordinance assigns wide-ranging powers to the authorised officers and armed forces besides giving an interning authority to detain a suspect until the continuation of action in aid of civil power by the armed forces.

The armed forces have also been empowered to occupy any property with the approval of the provincial government.

The Registrar Office, however, had declared the petition nonmaintainable citing reasons that "(a) That the petitioners have not pointed out that as to which of the fundamental rights involving the question of public importance has been violated in the instant case (b). That KP governor has been made party as Respondent No.2, however he cannot be made party under Article 248 of the Constitution of the Islamic Republic of Pakistan and(c). That the petitioners may approach the proper forum for redress of their grievance.”

Farhatullah Babar, later on, filed an appeal in the apex court against the non-maintainability order of the Assistant Registrar in their petition.

They had prayed that the Order of the Assistant Registrar (Civil-II) dated 28.10.2019 may kindly be set aside with a direction to the Office to entertain the constitution petition and by allowing the same constitution petition before it for hearing.

They had further prayed that the petition might be heard together with the appeals of the Federation and Province of KP against the decision of the Peshawar High Court striking down the impugned ordinance.

It had said that the Assistant Registrar has failed to consider the additional relief sought in the petition including regarding immediate publication on official websites of all laws by the federation and the provinces and regarding the justiciability of a direction under Article 245 of the Constitution.

Chief Justice of Pakistan Justice Asif Saeed Khan Khosa while hearing the appeal of Farhatullah Babar, set aside the order of the Registrar office.

In its written order, the court directed the office to entertain the constitution petition, assign the number and fix the same for hearing on November 13 at 2:00pm along with the appeals of Khyber Pukhtunkhwa as well as government of Pakistan verses Shabbir Hussain Gigyani and others, which has already been fixed on the said date and time.

The court directed that notice of the constitution petition be issued for the said date and time to the respondents as well as the Attorney General for Pakistan.