IHC to hear a petition seeking provincial status, legislative assembly for ICT today

ISLAMABAD    -     The Islamabad High Court (IHC) will Monday (today) hear a peti­tion seeking provincial status and the legislative assembly for the Is­lamabad Capital Territory (ICT).

A single bench of IHC com­prising Justice Mohsin Akhtar Kayani will conduct hearing of the petition wherein he had already issued notices to the respondents. The petition was moved by Barrister SM Yawar Gardezi seeking court’s direc­tion to create a legislative as­sembly in the federal capital to address its political and admin­istrative affairs.

During the last hearing, the petitioner requested the court to direct the federal government to do the necessary legislation required to establish a legisla­tive assembly in Islamabad.

Justice Kayani asked that whether the court could pass an order directing the government to do the legislation or amend the constitution. The lawyer ar­gued that he was talking about the basic rights of Islamabad residents. He gave examples of the capitals of Australia and In­dia where such assemblies exist.

Then, the judge inquired that if it was a separate system other than the local government set­up. The lawyer replied in affir­mative. He requested the judge to direct the federal government in this regard and then it would be the Federation’s prerogative how it would accomplish it. 

He argued that Islamabad is only area in the entire country which does not have its own as­sembly and federal capital does not come under the jurisdiction of any provincial assembly.

In his petition, by Barrister SM Yawar 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.