The revival of commissionerate system in Sindh province was on Saturday challenged in Sindh High Court through filing two constitutional petitions by three civil society activists. Advocate Qazi Khalid Ali filed petition on behalf of petitioners Ajmal Dalhvi, Editor of Aman newspaper, former Principal of DJ College Professor Habibur Rehman and businessman Dr Arshad Abdullah Vohra - who impleaded Federal Ministry of Law, Justice & Parliamentary Affairs and Chief Secretary, Sindh, as respondents.
They submitted that all political parties, including Muttahidda Qaumi Movement, Pakistan People's Party, Pakistan Muslim League-Nawaz, Pakistan Muslim League (Q), Pakistan Muslim League (Functional) Jamaat-i-Islami, Awami National Party and others had supported Sindh Local Government Ordinance 2001 in the past as it was successfully implemented not only in developing countries but also in Pakistan particularly in Sindh at Karachi. They submitted that SLGO 2001 had become more effective after incorporation of Article 140-A in Constitution of 1973, whereby each province shall by law shall establish a local government system and devolve political, administrative, financial responsibility and authority to elected representatives of government. They stated that under commissioner system, the province of Sindh was consisting on five divisions--Sukkur, Hyderabad, Mirpurkhas, Karachi and Larkana. City of Karachi and all other divisions had came back to its old positions with five districts in Karachi.
They said that after 2001 Local Bodies' elections, former President Pervez Musharraf ended commissioner system through an ordinance. Under 17th amendment it was protected by Constitution. Local government including CDGK had significant development done during 2005-2010 Karachi, Hyderabad, Sukkur, Mirpurkhas, etc which are on record. Mustafa Kamal was working as then Nazim of Karachi only in four years CDGK has done what had not been done in 60 years. Mirpurkhas, Sukkur, Hyderabad & Karachi were declared model cities during that period.
They said that Karachi must remain one district, instead of being split into five districts because it is easy to control a single unit like New York, USA, which is a bigger than Karachi but its affairs are control by a mayor. They contended that commissioner system was legacy of British colonial rule, which negated spirit of democracy. Even UK forgoes this system. In London which is bigger city then Karachi, British government established local government system through London Local Government Act 1963 and all its affairs are handled by Lord Mayor. Recently, revived commissioner system would in no way be substitute for local government system in which people at grass-roots level were elected. After 18th amendment in constitution, it was expected that democracy would flourish but decision of Sindh government had declined all such hopes.
They said that the decision was taken by Sindh Chief Secretary in a hurry by issuing notifications one after another, without taking into consideration their far-reaching impact. Better changes could have been made to system but respondent throttled it by imposing undemocratic system, which was designed during British rule. Impugned law was related not merely to political parties or Karachi, Hyderabad, Sukkur and Mirpurkhas or urban areas of Sindh but it was related to entire Sindh and rest of country. While structure of local government system had been changed, no date for elections has been announced.
They stated that with repeal of SLGO 2001, all development work would come to a standstill and thousands of workers would be rendered jobless. It is well settled that good governance is impossible without consolidation of local bodies as third tier of constitutional government with all necessary administrative and financial powers.
Advocate Khalid Ali contended that Sindh government amended Sindh Land Revenue Act, 1967, for revival of commissioner system through Act VI of 2011. He stated commissioners were responsible for revenue work although now its importance and weight does not seem to justify such highly paid officers. It is understood that respondents are considering about changes in Criminal Procedure Code, without which commissioners, deputy commissioners and assistant commissioners cannot have magisterial/ judicial powers.
He stated that the lords of bureaucracy, with ruling politicians in tow, had decided to have old district and sub-divisional magistrates back into field. These ideas are again somewhat regressive because principle of taking all judicial/magisterial functions out of the executive's reach cannot be compromised.
Counsel stated that impugned legislation was discriminately and ultra vires provisions of Articles 2-A, 4, 5, 9, 10, 10-A, 17, 25, 32, 70, 138, 140-A, 141, 142, 175, 270-AA of Constitution 1973. He prayed to declare revival of commissioner system illegal and unconstitutional, and urged to order revival of local government system under SLGO 2001.
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