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Sindh High Court (SHC) on Thursday dismissed a petition against formation of government and cabinet in Sindh after declaring it non-maintainable. SHC bench headed by Justice Muhammad Ali Mazhar taking up the petition observed that how the court could restrain the people, who have been elected by the people of province to form the government to look after its administrative affairs.
Petitioner Azmat Wali filed a constitutional petition in the court against the formation of new government in Sindh by pleading that Pakistan Peoples Party (PPP) won the election through forgery and submitted that people of the province didn't want what he called "corrupt group" to run the administration of the province.
He stated that many members of PPP, elected to Sindh Assembly, are allegedly involved in massive corruption. He stated that Sindh witnessed the worst performance during the tenure of former PPP government and they should not be allowed to take over the provincial government again. "Court should restrain formation of new government for the betterment of Karachi and Pakistan", he prayed.
The SHC bench ruled that high court is not authorized to restrain the elected representatives from discharging their duties under Article 199 of the constitution. Justice Mohammad Ali Mazhar said that petitioner should approach Supreme Court if he had the evidences what he submitted in the court. The SHC bench observed that the elected representative securing thousands of votes has also fundamental right when petitioner pointed out that it is the matter of rights of the people.
Justice Mazhar state that the court can't stop the elected representatives of Sindh Assembly to form the government and directed the petitioner to approach National Accountability Board (NAB) if he had evidences of corruption against the elected members of the assembly. SHC may intervene in the issue if NAB didn't consider any action against the corrupt elements on the solid evidences,
Meanwhile, a divisional bench of SHC issued notices to Sindh Government and others in a petition pertaining to the amended Sindh Universities Act 2018. It directed the concerned parties to submit their detailed replies by September 05.
Sindh Universities Act was challenged in the court on the plea that universities in the province have been deprived of autonomy, which would ruin their environment. The petition moved by Pasban stated that twenty four public sector universities have been put under the administrative control of Sindh Chief Minister and prayed that this act should be declared illegal.

Copyright Business Recorder, 2018

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