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April 18, 2021

Contempt plea filed in SC against Punjab chief secretary

National

April 18, 2021

ISLAMABAD: A contempt petition was filed in the Supreme Court on Saturday against Chief Secretary, Government of Punjab and Secretary Local Governments and Community Development for defiance of its order of March 3, 202, restoring the Local Government system in Punjab.

Sardar M Naseem Khan of Satellite Town, Rawalpindi, (Mayor Municipal Corporation, Rawalpindi) filed a petition in the apex court praying to initiate contempt proceedings against Jawad Rafique Malik, Chief Secretary Punjab and Noor ul Amin Mengal, and Secretary Local Governments and Community Development, Punjab. He prayed that the respondents might be summoned and be dealt with in accordance with law and punished severely for defiance and disobedience of its order dated 25.03.2021 passed in Constitutional Petition No.48 of 2019. It is pertinent to mention here that a three-member bench of the apex court headed by Chief Justice Gulzar Ahmed on March 25, 2021 restored the Local Government System in Punjab and declared Section 3 of the Punjab Local Bodies Act 2019 as ultra vires to the constitution.

In his petition, Sardar Muhammad Naseem submitted that in case of non-implementation of the judgment, it will have to be found as to who is responsible for not implementing it. Article 190 is a mandatory provision under which there is no alternative for the executive but to act in aid of SC of Pakistan, the petitioner contended adding that persons identified as responsible for non-implementation of the judgment can be punished by the Supreme Court for contempt for disobedience of its judgment. He further submitted that once a judicial order is passed, it has binding effect on executive as well as judicial functionaries in terms of Article 5 and 190 of Constitution of Pakistan, 1973. The petitioner was elected as Mayor for Municipal CorporationRawalpindi in the elections held in province of Punjab for Local Governments under the provision of Punjab Local Govt Act, 2013 and a term of five years to such office was commenced w.e.f 31.12.2016 and was to be concluded on 31.12.2021. The petitioner assumed the charge as Mayor, Municipal Corporation Rawalpindi on 02.01.2017. 2. He contended that and other Local Govt Representatives were functioning smoothly when on 04.05.2019 in Province of Punjab a legislation under the name and style of Punjab Local Govt Act, 2019 was promulgated and as a consequence of section 03 of new legislation, the Local Governments, which were in existence at relevant time were dissolved across province of Punjab.