Justice Muhammad Khalid Mahmood Khan of The Lahore High Court (LHC) on Friday directed Additional Attorney General Abdul Hayee Gilani to produce a copy of the parliamentary resolution on the formation of a new province in the Punjab for court’s record.
Justice Khan was hearing several petitions against the formation of a parliamentary commission which has recommended the creation of a Bahawalpur South Punjab province.
Gilani said the parliament had the mandate to create the commission.
Counsel for the petitioner, Muhammad Azhar Siddique, said the parliament could not disregard the fundamental rights enshrined in the Constitution. The formation of the commission was illegal and unconstitutional, he said.
The speaker is only allowed to form parliamentary committees, not commissions to carve new provinces, Siddique said.
Justice Khan observed that the parliament could not be allowed to overstep its mandate and must work within Constitutional parameters.
Gilani said a draft bill had been forwarded to the Senate for approval.
He said the petitioners could challenge it when it became law.
Siddique argued that the Supreme Court had set precedence in the Hasba Bill case, showing it could act when a bill violating fundamental rights was introduced. The National Assembly’s resolution on the matter came after the commission was constituted so it has no legal grounding, he said.
The court adjourned the hearing till March 5.
Published in The Express Tribune, March 2nd, 2013.