Govt told to file comments on JI, Muttahida petitions against LG law
By Ishaq Tanoli
2022-06-03
KARACHI: The Sindh High Court on Thursday expressed resentment over provincial authorities for not filing their reply on petitions filed by the Jamaat-i-Islami and Muttahida Qaumi Movement-Pakistan against the amendments in the Sindh Local Government Act and directed the LG secretary to appear in person or to make sure that comments were filed before June 22.
A two-judge bench comprising Justice Mohammad Karim Khan Agha and Justice Khadim Hussain Tunio also dismissed arequest of lawyer for the MQM-P asking both members of the bench to recuse themselves from the case.
The bench observed that on the last hearing, a provincial law officer had sought time to file comments on behalf of the provincial government and the court gave him last chance.
It noted that Assistant Advocate General Yousuf Rahpoto once again stated that he had not received the comments from the Sindh LG secretary despite writing letters to him.
`Under these circumstances on the next date of hearing, secretary local government, government of Sindh, shall appear in person or ensure that the comments are filed with advance copy to learned counsel for the petitioners,` the bench ordered.
The lawyer for MQM-P, Tariq Mansoor, had requested the bench not to hear the petition since he lost confidence on it. However, thebench maintained that it had found no reason to rescue.
Both the JI and MQM-P had challenged the Sindh Local Government (Amendment) Act, 2021 in the SHC through their separate petitions stating that the amendments were in violation of various provisions of the Constitution as well as the February 1 order of the Supreme Court.
The parties also sought implementation of the apex court judgement on the empowerment of local government system in Sindh.
Citing the Sindh chief secretary, LG secretary, Election Commission of Pakistan and others as respondents, the petitioners stated that the impugned amendments were made only to seize the authority of the local governments regarding health, education, control of land owned by municipal bodies and other fundamental f unctions.
