PESHAWAR: Peshawar Bar Association on Thursday moved Peshawar High Court against different provisions of the provincial law empowering National database and Registration Authority to issue letters of administration and succession certificates.

The PBA through its president Amjid Ali Khan Marwat filed a petition in the high court requesting to declare as unconstitutional provisions of the Khyber Pakhtunkhwa Letters of Administration and Succession Certificate Act2021 through which civil courts were barred from exercising jurisdiction in the subject and the law was given overriding effect on other laws in the field.

The petitioner contended that section 10 and 12 of the act were unreasonable and against fundamental rights guaranteed in Constitution.

The petitioner has also sought interim relief requesting the court to suspend operation over the said provisions till final disposal of the petition.

The petition was filed through advocates Zahidullah Zahid, Iftikhar Hussain Samandar and Izharullah.

The respondents in the petition are: KP government through the chief secretary, provincial law secretary and Nadra through its chairman.

The petitioner stated that the provincial government had enacted the KP Letters of Administration andSuccession Certificate Act in 2021 by virtue of which the letters of administration and succession certificates were made to be issued by the Nadra. It was added that under section 4 of the act a succession facilitation unit was established within Nadra for the required task.

The petitioner stated that under the said law the relevant rules were framed through which a complicated mechanism and forms were introduced along with a hefty fee structure.

The petiti0oenr stated that under the prevailing law no court fee, etc was required to beSuccession Certificate Act in 2021 by virtue of which the letters of administration and succession certificates were made to be issued by the Nadra. It was added that under section 4 of the act a succession facilitation unit was established within Nadra for the required task.

The petitioner stated that under the said law the relevant rules were framed through which a complicated mechanism and forms were introduced along with a hefty fee structure.

The petiti0oenr stated that under the prevailing law no court fee, etc was required to bepaid for such like certificates if obtained through courts, hencecharging a hefty amount in the garb of services charges was not only illegal but exploitative.

It was stated that apart from making the process complicated and expensive, the jurisdiction of courts were also barred under section 10 and the act was also given overriding effect under section 12.

The petitioner claimed that the said two provisions were also in conflict with several of the provisions of the same law including section 5(B) and section 8.