ISLAMABAD – The PML-N has opposed the parliament’s approval to the Defence Housing Authority Bill, saying the bill had replicated an ordinance issued by General Pervez Musharraf in 2007.
“Indeed, this ordinance is a child of dictatorship and could have been framed under no other dispensation. It has no place in a democracy and should never have been allowed to come before the National Assembly,” said Ayaz Amir in his dissenting note attached with the report of the National Assembly Standing Committee on Defence. Chairperson of standing committee on Defence Dr Azra Fazal Pechuho presented the report before the house on Friday.
He said Defence Housing Authority (DHA) was a society of the armed forces and its aim, like any other housing society, was to purchase and acquire land for the benefit of its members. “This, on the other hand is a private business undertaking, which has nothing to do with national security”, he added.
“If dictators set bad precedents in the past, an elected assembly should be under no compulsion to emulate their actions. Karachi and Lahore defence authorities are done things, what in legalese are called closed and past transactions. But DHA, Islamabad, does not fall in this category. It is for us to redress a wrong and throw this ordinance where it deserves to be – a waste paper basket – or validate a dictatorial legacy,” he asserted.
He said favouring one housing society over others was discriminatory in nature and, as such, in direct conflict with Articles 4 and 25 of the Constitution.
“The ‘specified areas’ covered by the Ordinance includes parts of the Punjab falling in Rawalpindi district. Passing this bill will amount to altering a provincial boundary, without that province’s consent. This is ultra-vires of the Constitution,” he opined.
He said section 22 of the Ordinance, is in violation of commitments made – at international forums. This provision is discriminatory because in respect of all other bodies the Industrial Relations law is applicable, he added. He said section 18 relates to taxes and duties.
A body, in essence a cooperative housing society, cannot be given the sovereign power to impose taxes, duties and penalties, he said adding, “In the Islamabad Capital Territory, municipal functions are the responsibility of the CDA. How can these functions be ceded to any other authority, and for what purpose? Section 23 declaring certain employees as public servants is based on a false premise.
What need for a private body to have its employees so designated,” he argued. He said the duties and functions of the federation are outlined in the Constitution and the federation can make laws in relation to those duties and functions. What nexus has DHA Islamabad with any of the functions of the federation, he noted.
He said General Ziaul Haq set a bad precedent by issuing Defence Officers Housing Authority Order, 1980, turning Defence Society Karachi into a statutory body which was discriminatory in nature…Musharraf promulgated Defence Housing Authority Lahore Order, 2002.
