LAHORE: The Lahore High Court (LHC) directed the provincial government to establish the Public Safety Commission within 30 days and observed if any public authority overlooked or abdicated the statutory duty it would violate the law and the Constitution.
The court passed this order in a petition of Muhammad Razzaq who approached the court for compliance of the provisions of the Police Order 2002.
The court said it had directed the respondents time and again to comply with the mandatory provisions of the law; however, it is admitted position that since promulgation of the Police Order, the Public Safety Commission has never been established.
The court rejected the excuse of the law officer for establishing the commission by the government due to the unavailability of the elected representatives.
The court rejected the explanation of the law officer, terming it against the spirit of the Constitution. It said unfortunately, the statutory obligation has been overlooked by the elected, as well as, caretaker governments as there cannot be a gap for the people to exercise sovereignty through their elected representation.
A report submitted on the court’s direction shows that no law has been referred for deferring the matter of the constitution of the commission which shows the incompetence of the caretaker government, the court added.
The court said the spirit of establishing local governments and thereafter devolution of political, administrative and financial responsibility and authority to the elected representatives at local level has not been followed for the last thirteen years.
The court said unfortunately, there is and has been an absence in the continuity of chosen representation in the country and the right of the people to govern them through chosen representation at the local level has always been ignored for one reason or the other.
The court said that the dissolution of local government and the role of the provincial government after devolution are not directly in question yet the opinion of the court is that there has to be continuity for elected representation of the people, which is the essence of the constitution for exercising sovereignty.
The court; therefore, held that in the absence of newly elected representation, the representatives lastly elected by the people shall continue to represent the people unless newly elected representatives replace them.
The court; therefore, directed the government to file the compliance report with hardships being faced by it for the allocation of funds or budget followed by the establishment of the commission.
Copyright Business Recorder, 2023