News
Saturday, November 03, 2012
Only president can determine legitimacy of a govt, SC told
* Interior Ministry says president enjoys powers to promulgate emergency, decide mode to be adopted to dispose of issues regarding discharge of duties by provincial govt
By Hasnaat Malik
ISLAMABAD: The federal government told the Supreme Court on Friday that the determination of the legitimacy of a provincial government was a domain of the president under Article 232 and 234 of the constitution.
According to the reply submitted in the court by Interior Secretary KM Siddiq Akbar during the hearing of the Balochistan law and order situation case, only the federal government is competent and has the requisite jurisdiction to decide what is in the best interest of the province. It further states that apart from the law and order there are political considerations that should be considered before arriving at a decision for disposal of a provincial government.
“The government would not like to taint or tarnish its fair image by invoking its powers to pack up a provincial government and send it home on a limited local issue of discontentment and dissatisfaction of some so-called nationalist elements,” the federation said in its reply. It also said that schools and hospitals were functioning and police were performing its duty despite mauled and maligned.
“We should take a leaf from Indian experience where in the states like Kashmir, East Punjab, Nagaland, Asam and Mizoram, armed insurgency and partial breakdown of the government machinery took place for a number of years, still democracy and successive elections afforded the people and the government a good chance to overcome their difficulties and defeat the militants,” the government reply stated. It said that despite problems it had taken measures to control to the law and order situation in Balochistan in pursuance of the court order.
The government told the Supreme Court that under the constitution the president has the power to promulgate an emergency in a province and decide the mode and manner which should be adopted to dispose of the issues pertaining to discharge of duties by a provincial government. Meanwhile, ambiguity regarding the legal status of the Balochistan government remains unresolved as the Supreme Court directed the Balochistan chief secretary and the interior secretary to keep on sending fortnightly reports on the province’s issues. On the other hand, the court refused to withdraw its October 12 order, which declared that the government of Balochistan had lost its constitutional authority to govern the province. The court has adjourned the case until November 20.Courtesy www.dailytimes.com.pk