Govt directed to submit reply in plea challenging presidential ordinances

ISLAMABAD: The Islamabad High Court (IHC) has directed secretary law to submit a reply within 15 days in the case related to eight presidential ordinances passed by the federal government, ARY News reported on Friday.

The hearing was resumed by the Chief Justice of Islamabad High Court (IHC), Justice Athar Minallah, in the petition filed by Pakistan Muslim League Nawaz (PML-N) Member of National Assembly (MNA) Mohsin Nawaz Ranjha that challenged the promulgation of eight presidential ordinances.

Barrister Mohsin Nawaz Ranjha said the high court had sought reply from the federal government in 14 days but it has not been submitted after spending 1.5 months. He added new ordinances are being issued despite the case is under proceeding in the court which violates the Constitution. The lawyer 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 name the latest ordinance passed by the government.

Read: President Alvi signs NAB Amendment Ordinance 2019: sources

To this, Ranjha replied that an ordinance was promulgated by the government related to the amendment in the National Accountability Bureau (NAB) laws. He added that around 2,500 ordinances had been issued so far since the formation of Pakistan. Parliament is the actual place where lawmaking has to be done, said Ranjha.

After hearing the arguments, CJ IHC Justice Minallah appointed Makhdoom Ali Khan, Babar Awan, Raza Rabbani and others to assist the court in the case.

Later, the high court ordered secretary law to submit a report within 15 days and adjourned the hearing.

Background

The petitioner had prayed the court to order the government to restore the respect of the Parliament and bar it from issuing the ordinances.

Read: IHC hears petition challenging legislation by Presidential 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.