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SC reserves verdict on petitions seeking devolution of powers to LG in Sindh

ISLAMABAD: The Supreme Court (SC) on Monday reserved its judgment on petitions of Pakistan Tehreek-e-Insaf and Muttahida Qaumi Movement (MQM) seeking the Sindh government to devolve powers to the local government (LG) institutions of the province under the constitution.

The court also directed Sindh government and petitioners to file written arguments within a week.

A three member bench presided by Chief Justice of Pakistan Justice Gulzar Ahmed conducted hearing on the above petitions.

The chief justice remarked that it was the authority of provincial government to decide the areas of devolution with the local government set up instead of the court.

He questioned that how the court could interfere into the powers of provincial governments and direct all four assemblies to implement on it.

The top court, he said, had already interpreted the Article 140A of the constitution in this regard.

Justice Gulzar, however, observed that the powers could be obtained from the provincial government through negotiation only.

Justice Ijaz ul Ahsan remarked whether the petitioners wanted the court to turn down Local Government Act 2013. Should the court also terminate the laws related to water and sewerage board, and motor vehicle act, he further asked.

The chief justice remarked that former mayor Karachi couldn’t delivered in the city, maybe the provincial government withdrew powers because of it.

He said that mayor Karachi had been witnessed many times in inaugurating transport service for the city but the buses used to be disappeared on very next day.

The petitioners’ lawyer Salahuddin Ahmed said that the subjects of building control, water supply, local transport, solid waste, sewerage system and other institutions in Karachi were under control of provincial government to this Justice Ijaz remarked that the top court couldn’t go into such small matters, adding that the court had declared that the implementation of Article 140-A was necessary.

MQM’s lawyer argued that it was not a small matter as it was a violation of Article 140-A.

He said that even the Karachi Metropolitan Corporation (KMC) had no complete powers of the whole city. The LG had only responsibilities of parks and libraries in Karachi, he said.

The lawyer further pleaded that the powers couldn’t be withdrawn by the provincial government from the LG set up on basis of non deliverance.

The chief justice remarked that the provincial and federal governments could be disconnected with political, financial and administrative matters of the city. We had to draw a line to balance the powers, he said.

The lawyer said that only the courts could interpret the laws if there were some ambiguity in it, adding that the court could even dismiss the legislation if it was against the constitution.

Justice Ijaz ul Ahsan said that every province had its own laws and ground realities. How the court could pass instructions for all provinces in just one decision, he asked. Justice Ahsan asked the petitioners that it would be appropriate for them to first approach the concerned high court.

The chief justice noticed that currently the local body set up didn’t exist in Sindh, adding that if there were LG system then the court could call its representatives for a dialogue.

Justice Gulzar Ahmed observed that it was necessary to give constitutional mandate to local governments.

However, the powers of LG could be defined through bargain with the provincial government.

The lawyer adopted the stance that their negotiation had failed with the Sindh government to this Justice Ijaz said then it was a political matter, adding that the MQM could approach the concern high court for relief.

Chief Justice remarked that good intention from both sides should be necessary to resolve the issue, adding that the matter of LG powers was more political than the legal.

Giving arguments into the matter, Attorney General of Pakistan Khalid Jawed said that the people’s problems used to be addressed across the globe through LG system.

No political party should be authorized for legislation about LG institutions only on the basis of having majority in assembly, he said.

Khalid Jawed said that there was a need to bring out a mutual solution of the powers’ dispute.

If there were LG set up then its representatives could be summoned to hear them, he maintained.

He said that the matter of powers of LG couldn’t be left on Sindh government completely. The court could pass directions to the provincial government regarding it, he said, adding that the top court should hear this matter itself.

The attorney general prayed the court to declare that ‘a political party having majority in the assembly wouldn’t withdraw LG powers’. He said that Karachi belongs to Sindh and would remain its part in future.

Advocate General Sindh opposed the petition of MQM and said that the court had correctly termed this matter as political. It was provincial government who would decide the powers of LG, he said.

M M Alam

M. M. Alam is a Pakistan-based working journalist since 1981. Karachi University faculty gold medalist Alam began his career four decades ago by writing for Dawn, Pakistan’s highest circulating English daily. He has worked for region’s leading publications, global aviation periodicals including Rotors (of USA) and vetted New York Times as permanent employee of daily Express Tribune. Alam regularly covers international aviation and defense-related events including Salon Du Bourget (France), Farnborough (United Kingdom), Dubai (UAE). Alam has reported thousands of events and interviewed hundreds of people in Pakistan, UAE, EU, UK and USA. Being Francophone Alam also coordinates with a number of French publications.