The government is considering several options, including approaching the Supreme Court, to block attempts by Muttahida Majlis-i-Amal (MMA) rulers in the NWFP against introduction of the controversial Hasba Bill, which has apparently put the Centre on the back foot. Official sources said here that the government was holding extensive consultations with its legal experts on how to prevent the NWFP administration from moving ahead with its plan to 'Talibanize' the province.
Currently, sources said, two options are being mulled, including challenging the bill in the Supreme Court, or to impose the governor rule. However, at this moment the federal government is unlikely to go for the second option, owning to possible political fallout, sources opined.
They said that imposition of governor rule might destabilise government in Balochistan where MMA is a coalition partner.
The option to challenge the bill in Supreme Court is being given a 'serious thought', sources said. Government constitutional experts, including Sharifudin Pirzada, are working on the issue, they added.
They said that the government might not directly file the case in the Supreme Court. Rather it would get this job done through a petition to be filed by an individual or any NGO.
Interestingly, one of minority alliances has already approached the Apex Court seeking suo motu action against NWFP government.
A government official acknowledged the fresh development and said that the Center has a 'solid case' against the MMA government in NWFP as the Hasba bill violates Articles 4, 9, 14,20 and 25 of the Constitution.
He said Article 4 clearly says that no action detrimental to the life, liberty, body, reputation or property of any person would be taken except in accordance with law.
The Article further says that no person would be prevented from or be hindered in doing that which is not prohibited by law and no person could be compelled to do that which the law does not require him to do. The official said that Article 9 Constitution also does not allow depriving any person from his/her liberty and freedom. "The dignity of man and, subject to law, the privacy of home, would be inviolable".
"No person would be subjected to torture for the purpose of extracting evidence," he quoted Article 14 of the Constitution.
He said that Article 20 says (a) every citizen would have the right to profess, practice and propagate his religion; and (b) every religious denomination and every sect thereof would have the right to establish, maintain and manage its religious institutions.
The official said besides that the Council of Islamic Ideology (CII) believes that Hasba bill is in conflict with Article 175(3) dealing with independence of judiciary.
The official said the Centre was right in claiming Hasba Act a 'parallel judiciary' and in conflict with the Constitution of Pakistan.
Another source said that final decision on the issue of moving the Supreme Court would be taken in the next few days.
He said the government also fears the implementation of Hasba law would change the final outcome of forthcoming local bodies polls.
He said given the strong adherence to the religion of the people of NWFP, the MMA could cash on in a big way by exploiting the Islamisation policy.
Therefore, it would not be a surprise if the Centre sought a verdict from the Supreme Court on the issue that once again put Pakistan in the limelight at international media, he opined.