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IHC hears petition challenging legislation by Presidential Ordinances

ISLAMABAD: A bench of Islamabad High Court on Wednesday heard a petition of Pakistan Muslim League-Nawaz against legislation by Presidential ordinances, ARY News reported.

Chief Justice Athar Minallah heard the petition of Mohsin Ranjha MNA challenging promulgation of ordinances by the President.

Ranjha’s counsel Umer Gilani requested the IHC to declare the impugned ordinances illegal and unconstitutional being ultra vires of Article 89 of the Constitution and having been promulgated in a mala fide manner.

Chief Justice Athar Minallah asked why the fair laws being challenged in the court adding that it seems an issue of ego on the both sides. “It is the duty of the parliament to address the problems of people,” the chief justice remarked.

“The court have many other things to do, keep the courts away from political problems,” Justice Athar Minallah further said. “Unfortunately mostly ordinances were passed in dictatorial rule,” the top judge said.

“Legislation is the work of those sitting in the parliament,” the Justice said.

The bench issued notices to all parties in the case including the Attorney General of Pakistan.

The court adjourned the hearing for two weeks.

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 because 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.



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