ISLAMABAD: The Islamabad High Court (IHC) issued notices to the respondents in a petition seeking provincial status and the legislative assembly for the Islamabad Capital Territory (ICT).
A single bench of Justice Mohsin Akhtar Kayani, on Monday, heard the petition moved by Barrister SM Yawar Gardezi seeking the court’s direction to create a legislative assembly in the federal capital to address its political and administrative affairs.
The IHC bench issued notices to the Federation and the Attorney General for Pakistan and deferred the hearing till March 27 for further proceedings.
During the hearing, the petitioner requested the court to direct the federal government to do the necessary legislation required to establish a legislative assembly in Islamabad.
Justice Kayani asked whether the court could pass an order directing the government to do the legislation or amend the constitution. The lawyer argued that he was talking about the basic rights of Islamabad residents. He gave examples of the capitals of Australia and India where such assemblies exist.
Then, the judge inquired if it was a separate system other than the local government setup. The lawyer replied in affirmative. He requested the judge to direct the federal government in this regard and then it would be the Federation’s prerogative how it would accomplish it.
He argued that Islamabad is only area in the entire country which does not have its own assembly and federal capital does not come under the jurisdiction of any provincial assembly.
In his petition, by Barrister SM Yawar stated that the ICT lacks a provincial government and legislature and requested the court to issue directions for the status of the province for the ICT.
He argued that the current law, being inconsistent with the basic structure and the mandate of the constitution, is contrary to the fundamental rights of the citizens of Islamabad. The petitioner added that laws with regard to the capital are made by the National Assembly, in which, Islamabad has less than one per cent representation.
He continued that any law made for Islamabad is subject to being voted by MNAs from all over Pakistan and maintained that the equality of citizens is a fundamental right enshrined in Article 25 of the Constitution.
The petitioner contended that this right is derived from the principles of Islam. Moreover, the administrative control of Islamabad is vested in the Chief Commissioner’s office and this office enjoys the powers of a provincial government.
He further said that this appointment, as per the petition, is not only unconstitutional as it lacks the consent of the capital’s citizens but also a portrayal of the British Raj.
He maintained that a legislative assembly in Islamabad would enable the citizens to hold their policymakers and administrators accountable.
Furthermore, the petition cited examples of the legislative assemblies of Indian and Australian Capital Territory and prays for a direction to the legislature to amend the law to create a legislative assembly for the Islamabad Capital Territory.
Copyright Business Recorder, 2023
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