ISLAMABAD: The Islamabad High Court (IHC) on Friday directed Federal Secretary Law Khashihur Rehman to submit a response within 15 days in a case involving the passage of nine presidential ordinances by the government in November last year.
The directive came by IHC Chief Justice Athar Minallah during the hearing of a petition filed by Pakistan Muslim League-Nawaz (PML-N) lawmaker Barrister Mohsin Shahnawaz Ranjha who challenged the National Assembly session held on Nov 7. During the unprecedented session, the Pakistan Tehreek-e-Insaf (PTI) government bulldozed 11 bills, including nine presidential ordinances, through the Lower House.
During the hearing, Ranjha recalled that the high court had sought a reply from the federal government in 14 days but it has not complied with the court order even after the passage of 1.5 months. “New ordinances are being issued despite the fact that a case is under process in this regard,” he said, adding: “It is a clear violation of the Constitution.”
He further said the Constitution allows to promulgate ordinances only in emergency circumstances.
Justice Minallah questioned whether the government has taken back its ordinances or not. He also questioned the counsel to mention the latest ordinance passed by the government. To this, Ranjha recalled the promulgation of NAB (Amendment) Ordinance, 2019.
“Almost 2,500 ordinances had been issued since the foundation of Pakistan in 1947 whereas the fact remains that Parliament is the de jure platform for lawmaking,” said Ranjha.
After hearing the arguments, Justice Minallah nominated Makhdoom Ali Khan, Babar Awan, Raza Rabbani Khar and others to assist the court in the case.
Later, the high court ordered the law secretary to submit a report within 15 days and adjourned the hearing.
THE CASE:
The petitioner had prayed the court to order the government to restore the respect of the Parliament and bar it from issuing the ordinances.
“The obvious reason why the federal government rushed with these ordinances is that it did not want to meaningfully engage with the opposition in the Parliament,” the counsel of petitioner stated.
The petition requested the court to declare that the president’s power to promulgate ordinances can be used to bring about such legislation only when the government needs to respond to an emergency situation such as war, famine, epidemic or rebellion which has put the life, liberty or property of the people of Pakistan at stake.
It further pleaded that such powers can be used in case of an emergency after the prorogation of the last session of Parliament or when waiting for the commencement of the next session of either house of Parliament would cause irreparable loss of life, liberty or property to the people of Pakistan.
