The Supreme Court (SC) has sought reply from Khyber Pakhtunkhwa (KPK) government on an appeal filed by the federation in OGDCL shares sale case.
Chief Justice of Pakistan (CJP) Nasir-ul-Mulk remarked that “the SC is entitled to interfere in dispute between provinces and federation. A high court does not wield such powers.”
A 3-member bench of the SC presided over by CJP Nasir-ul-Mulk took up for hearing an appeal filed by the federation in OGDCL shares sale case on Monday.
The Attorney General (AG) argued: “the federal government conducted shows in London and Hoston for privatization of OGDCL and sale of its shares and the companies became ready to take part in bidding after hectic publicity campaign. As soon the bidding time approached, the KPK government obtained stay order from the Peshawar High Court despite the fact that the high court was not authorised to do so. The high court did not fulfil legal formalities and its decision not only led to undermine the prestige of the state but also brought defamation. This way the problems will aggravate and no one will be ready to make investment in Pakistan in future”.
The CJP remarked that this matter related to dispute between the federation and provinces. The constitution entitled the SC to interfere in this connection, he said, adding privatization process of OGDCL was started in May and now much time had been elapsed.
Counsel for KPK government Waseem Sajjad told the court that the federal government could not interfere in the matters of provincial government. Following the passage of 18th amendment of the constitution, matters had become clear and the provincial autonomy was given to the provinces.
The AG said that the KPK government had demonstrated malafide by obtaining stay order at the very time of bidding. The court while seeking reply from KPK government till today (Tuesday) adjourned hearing of the case.