Islamabad High Court (IHC) has remarked there is no monarchy in place in the country and every one has to work under the law and constitution.
The case against sacking of PTDC employees and formation of National Tourism Coordination Board (NTCB) came up for hearing before single bench of IHC led by Justice Amir Farooq Monday.
The counsels for sacked employees and NTCB appeared before the court.
The petitioner was of the view that the cabinet division has filed new reply by making amendment in previous reply. If cabinet division wants to make amendment in comments it can do so only in legal way.
Deputy Attorney General (DAG) Raja Khalid Mehmood told the court comments were filed without showing them to me. Notification of constitution of board is not from federal government and instead it was issued by Prime Minister (PM). It was written in the comments that notification was issued by federal government while this notification was issued from the PM.
Justice Amir Farooq remarked “ Raja Sahb it does not so happen. You should say no no, mistake was committed earlier and now it is being corrected. . You had said this in sugar mills case oh mistake has been committed. How it is possible mistake is committed. Hafiz Sahb is saying right that you have taken full U-turn in this matter. Now tell who has constituted board. Either PM or federal government constituted the board.
DAG told the court PM has constituted PTDC board. Justice Amir Farooq inquired “ tell us law under which board can be constituted.
DAG replied when PM can form new ministry or division then he can constitute advisory board.
The court inquired is tourism provincial matter or federal matter. Is this mater not of federation upon which ministry can be formed .
DAG told the court no ministry can be formed in this situation. This board has no powers. It is only for coordination.
The court inquired when it is provincial matter then why federation is coming therein. There is no monarchy in the country. All including courts have to work under the law and constitution. Who gave opinion to PM for formation of this board. Where are the powers of PM to constitute board. If cabinet decides whosoever indulges in smoking will be fined to the tune of Rs one lac. Will this decision become enforced. There is constitution in the country . There is nothing above it. No one is above law. When you think you are in blind alley you can give advice.
DAG told he has given advice to them. The court inquired then what did they say.
DAG said if we fall ahead then teeth get broken when we fall behind then back bone is broken.
The hearing of the case was adjourned till August 19.
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