ISLAMABAD: The Supreme Court Monday reserved judgment on the petition of Muttahida Qaumi Movement (MQM) to strike down various provisions of the Sindh Local Government Act, 2013.
A three-judge bench, headed by Chief Justice Gulzar Ahmed, heard the petitions seeking empowerment and autonomy for local government institutions in Sindh, particularly Karachi.
The PTI and Asad Umar, Minister for Planning and Development, on Tuesday filed a petition under Article 184(3) of Constitution, and cited federation through Secretary Cabinet, Secretary Ministry of Finance, Chief Secretary, Sindh, Secretary, Local Government, Sindh, Secretary, Sindh Assembly, Secretary Finance, Sindh, and Pakistan Peoples' Party Parliamentarians as respondents.
Attorney General for Pakistan (AGP) Khalid Jawed Khan urged the bench to give broader guidelines though it be Karachi centric, but could be implemented throughout Pakistan.
He said the experiment of dialogue between the provincial government and the local governments had not proved successful.
He asked the bench to hear the case and give broader guidelines, which are universally acceptable. Leaving to the Assembly where the majority of the representatives are of perennial political party and have no concern of the local government system in Karachi.
"I will not say to strike down any provision of Sindh LG Act, but request the bench lay down the guidelines," the AGP said. The Supreme Court instead of sending the matter to the High Courts needs to take advisory jurisdiction in this case and suggest harmonious composition.
"I don't suggest abrogation of any law, the court should declare that the majority party would not take back the local councils' powers. The court can rule that the consensus of 25 percent urban representation is essential in such legislation," the attorney general said.
Earlier, Salahuddin Khan, representing MQM, argued that the Supreme Court should strike down various provisions of the Sindh Local Government Act, 2013. Justice Ijazul Ahsan said the spirit of Article 140A is decentralization of the power and not to hold it in a few hands.
"We are looking for balance and want to encourage the LGs to function, as all over the world the LGs are performing remarkably." If the representatives of LGs' hands are tied they would ultimately fail.
He said the Sindh government had made the LGs in Karachi "toothless".
Advocate General Sindh Salman Talibud Din said the constitution does not define the extent and recognise the strength of the provincial government and it is the political reality, adding all the provinces have different problems.
Replying to Justice Ijaz's query, the AG Sindh responded that the departments of Building Control and Town, Water and Sewerage should remain with those whom the people have given mandate. He said the prayer in the MQM petition is not prayer but a wish list.
The chief justice noted that the petition involves political question, which the local governments and the provincial government should resolve through dialogue to what extent the power to be devolved to the local representatives.
He said that the constitution scheme has to be implemented in letter and spirit in all the provinces. This power should be legislated. He asked the MQM's counsel that complete answer is given in the Supreme Court judgment regarding devolution of power to the local representatives in Imrana Tiwana.
Justice Ijaz noted the sitting government of Sindh is taking undue advantage of the majority.
The legislation should be made as per the Article 140-A of constitution, he added.
Salahuddin Ahmed argued that Karachi's building control, water supply, local transport and solid waste, among other local bodies, are under the control of the Sindh government, adding that the local government has the sole responsibility for the maintenance of parks and libraries.
Copyright Business Recorder, 2020
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