IHC to take up petition seeking status of province for ICT today

ISLAMABAD             -         The Islamabad High Court (IHC) will Monday (today) take up a petition seeking status of the province for the Islamabad Capital Territory (ICT). A single bench of IHC comprising Justice Mohsin Akhtar Kayani will conduct hearing of the petition moved to seek court’s direction to create a legislative assembly in the federal capital to address its political and administrative affairs. In a petition filed by Barrister Yawar Abbas, he stated that the ICT lacks a provincial government and legislature and requested the court to issue directions for the status of the province for ICT. He argued that the current law, being inconsistent with the basic structure and the mandate of the constitution, is contrary to the fundamental rights of the citizens of Islamabad. The petitioner added that laws with regard to the capital are made by the National Assembly, in which Islamabad has less than one per cent representation. He continued that any law made for Islamabad is subject to being voted by MNAs from all over Pakistan and maintained that the equality of citizens is a fundamental right enshrined in Article 25 of the Constitution. The petitioner contended that this right is derived from the principles of Islam. Moreover, the administrative control of Islamabad is vested in the Chief Commissioner’s office and this office enjoys the powers of a provincial government. He further said that this appointment, as per the petition, is not only unconstitutional as it lacks the consent of the capital’s citizens but also a portrayal of the British Raj. He maintained that a legislative assembly in Islamabad would enable the citizens to hold accountable their policymakers and administrators. Furthermore, the petition cited examples of the legislative assemblies of Indian and Australian Capital Territories and prays for a direction to the legislature to amend the law to create a legislative assembly for the Islamabad Capital Territory.

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