Transfer of SDA assets

Court seeks AG’s assistance

Says employees position to remain unchanged

PESHAWAR: The Peshawar High Court (PHC) on Tuesday asked the Khyber Pakhtunkhwa advocate general to assist the court as to whether the provincial government could transfer the assets worth billions of rupees of the Sarhad Development Authority (SDA) through an ordinance to the newly established Khyber Pakhtunkhwa Economic Zones Development and Management Company.

A two-member bench comprising Justice Qaiser Rashid Khan and Justice Roohul Amin Khan also passed an interim order that the position of employees of the SDA would remain the same till a final order of the court.

The bench issued the notice in the writ petition filed by SDA employees against the KP government’s ordinance on transferring the SDA assets and employees to the new company. Muhammad Ismail Khalil, president of SDA Employees Association, had challenged the promulgation of the ordinance in the high court through lawyer Mohibullah Kakakhel.

During the hearing, the petitioners’ lawyer, Mohibullah Kakakhel stated that earlier the association had challenged the SDA dissolution. He said the Peshawar High Court on March 10, this year passed its decision. It did not endorse the provincial government’s decision about the SDA dissolution through an executive order.

He submitted that the court had also restrained the government from transferring the SDA assets to the newly established company. The court, he added, in the decision ordered protection of the SDA workers services.

The lawyer said the provincial government promulgated an ordinance on July 22 through which all the assets of the SDA were directed to be transferred to the company. But, added, an ordinance cannot be issued in the circumstances when the session of the assembly can be called on 24-hour notice.

He said in this case the assembly session was scheduled to be held after signing the ordinance, adding and session was also held a few days before the promulgation of the ordinance. The issuance of the ordinance is a clear violation of Article 189 of the Constitution read with Article 4 and 25 thereof, he argued.

“It is a settled law that the legislative powers of the elected representatives cannot be exercised by the governor or president unless there is an extreme emergency threatening the very existence of the country,” stated the petition.

He prayed the petition should be accepted and the Khyber Pakhtunkhwa Ordinance No. IX of 2016 be declared as illegal and without jurisdiction.

As interim relief, he requested the court to suspend operation on the ordinance till disposal of the petition.Additional Advocate General, Waqar Ahmad, and lawyer for the company, submitted that the provincial government was going to get passed the draft-bill during the ongoing session of the assembly as it had been put on the agenda.

They informed the bench that the SDA employees services stood protected and would be transferred to KP Economic Zones Development and Management Company as per the rules and conditions of the company.