KARACHI: Rumors making the rounds is that Federal Government will take administrative control of the Port City by invoking Article 149 (4) steering clear through Governor Rule & Emergency.
This was insinuated by Law Minister Barrister Farogh Naseem on Wednesday (11th of September). According to him the decision will be made during the PM’s visit of the Metropolis.
Bewildered by the continuous tussle between political parties here, Barrister Farogh Naseem has come out in favor of invoking Article 149(4), proclaiming his support for its imposition.
Maintaining neither does Article 149(4) speak of governor rule, nor of imposing an emergency Minister said that Federal Government would go to the Supreme Court if Provincial Government of Sindh opposed the proposal.
Farogh Naseem, saying that he would suggest invoking of the Article to Karachi Committee formed by the PM, added: “The final decision rests with the Special Committee.
“We are pursuing legal action. We have prepared a draft that would be presented to the prime minister within a week. There is nothing there except garbage, shortage of water and flies,” Law Minister added.
He further accused PPP-P for the mess Province of Sindh and particularly the Metropolis is presently in.
Rejecting Farogh Naseem’s interpretation of the Article PPP’s Saeed Ghani pointed out that in the prevailing scenario Article 149(4) could not be invoked as it states: “The executive authority of the Federation shall also extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquility or economic life of Pakistan or any part thereof.”
However, in his rejoinder the Law Minister held: “Through Article 149(4) the Center can request the provincial government to hand over administrative control of Karachi to the former. It is an independent article, which says that the federal government has an executive authority under which it can issue directives to any provincial government, if there are issues pertaining to peace, tranquility and economic life.”
What exactly is Article 149?
Directions to Provinces in certain cases.—(1) The executive authority of every Province shall be so exercised as not to impede or prejudice the exercise of the executive authority of the Federation, and the executive authority of the Federation shall extend to the giving of such directions to a Province as may appear to the Federal Government to be necessary for that purpose.
1[(2)] Omitted.
(3) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the construction and maintenance of means of communication declared in the direction to be of national or strategic importance.
(4) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquility or economic life of Pakistan or any part thereof.
