PTI, MQM-P appeal to CJP to hear petitions against local govt law

A group of Sindh Assembly members belonging to the Pakistan Tehreek-e-Insaf (PTI) and Muttahida Qaumi Movement-Pakistan (MQM-P) on Monday marched in a rally from the Sindh Assembly building to the Supreme Court Karachi Registry office and held a demonstration to appeal to the chief justice of Pakistan (CJP) to take up constitutional petitions against the Sindh Local Government Act 2013 (SLGA 2013) filed separately by the two parties.

Leaders of the PTI and MQM-P had in a meeting on December 22 decided that parliamentarians from both the parties would meet the CJP and request him to hear their petitions filed under the Article 140-A.

Led by opposition leader in the Sindh Assembly Haleem Adil Sheikh of the PTI, MQM-P parliamentary leader Kunwar Navid Jamil and PTI parliamentary leader Bilal Abdul Ghaffar, the rally was held to divert the apex court’s attention towards serious violation of fundamental human rights of the people of Sindh, leaders of both the parties told The News.

The MPAs were holding banners and placards with slogans against the recently passed local government law. Talking to the media outside the apex court’s registry, Sheikh termed the SLGA 2013 and subsequent amendments in the Act as a violation of the constitution of Pakistan and said that the law had deprived the local governments in the province of their statutory rights and authority guaranteed under the articles 7, 8, 32 and 140-A of the constitution.

“The PTI, a few years ago, filed a constitutional petition in the apex court challenging the SLGA 2013 and Chairman Imran Khan and Secretary General Asad Umer were applicants in the petition,” said Sheikh. However, the petition was so far pending in the Supreme Court like a similar petition of the MQM-P, he added.

He appealed to the CJP to fix the petitions for hearing on an emergency basis and decide the cases so that the local government system in Sindh could get its constitutional powers and be able to serve the people.

“As representatives of people of Sindh, we, the MPAs, have gathered here in front of the SC’s Karachi registry in a peaceful manner without disrupting court proceedings and creating obstacles to traffic flow just to raise concern against extra-constitutional steps of the PPP and request the CJP to fix the relevant petitions for hearing,” Sheikh said.

He maintained that it was a movement for the restoration of the constitution and fundamental rights of the people of Sindh. “The PPP-led Sindh government has practically imposed civilian martial law in the province and made the Sindh Assembly a hostage,” said the opposition leader.

He alleged that owing to its majority in the provincial assembly, the PPP was passing unconstitutional laws and suppressing basic human rights of the people. Sheikh went on to allege that the PPP had developed an anti-judiciary narrative in Sindh and its ministers, advisers and legislators were making statements in public that openly criticised orders and decisions of higher courts.

MQM-P’s Jameel said his party had in 2017 filed a constitutional petition against the SLGA 2013 and also requested the apex court to interpret the Article 140-A of the constitution as that article had direct relevance to the lives of people.

“The residents in the entire province are suffering due to suppressive legislation and local governments are deprived of their basic functions and authority,” said the MQM-P leader. He requested the apex court to hear their petition.

PTI’s Ghaffar said the Article 140-A provided for administrative, financial and political empowerment of the local government, which was the third tier of government, and the PTI intended to empower the local bodies according to the constitutional provisions so that the people were able to get all the basic facilities.

People of Sindh were deprived of basic civic amenities, including clean drinking water, sanitation, basic health, and primary education due to the limited role and constrained authority of local bodies, Ghaffar said. He added that the issues of the people of Sindh could not be resolved till the devolution of powers as well as resources to the grassroots level.

“The National Finance Commission [NFC] ensures distribution of resources among the federating units while the Provincial Finance Commission [PFC] was a constitutional mechanism for the equitable and just transfer of funds to local governments but the Sindh government was reluctant to convene the PFC,” he said.

He also said that the Sindh Assembly had unanimously passed a resolution in the regard about two-and-a-half years ago but that was still awaiting implementation. Ghaffar also appealed to the CJP to play his constitutional role for the implementation of the Article 140-A and PFC so that the rights of people could be ensured and masses could be provided with basic facilities.