SC orders Balochistan govt to give powers to elected LG representatives
The Supreme Court (SC) while giving two weeks time to the Balochistan government for delegating powers to local bodies (LB) members of the province has ordered that the Balochistan government must formulate a law within two weeks or issue an ordinance, otherwise the court will decide the case as per law.
A three-member bench of the SC presided over by Chief Justice (CJ) Anwar Zaheer Jamali took up the case for hearing Wednesday.
The court also dismissed a plea for staying the use of local funds until the process of transfer of powers is complete.
The lawyers and representatives of all the four provinces, cantonment and Islamabad informed the court about the implementation of the orders regarding transfer of powers.
One petitioner told the court that one year has elapsed since the LB polls were held in Balochistan, but the powers have not been transferred, nor have they been provided the funds.
The government counsel, however, said that the process of transfer of power has started in Balochistan and Islamabad.
The Khyber Pakhtunkhwa Local Government secretary told the court that powers have been transferred to elected representatives under the law.
Counsel for Punjab government told the court that legislation pertaining to powers of local bodies members is in process and powers will be transferred after the election phase is complete.
The court expressed displeasure over the non-transfer of powers to local bodies members by the Balochistan government despite a lapse of one year and gave them two weeks to transfer the powers.
The counsel for the Balochistan government told the court that the draft for the law is ready.
“The session of the assembly has not taken place yet; therefore, the bill has not been approved so far,” he said.
CJ Anwar Zaheer Jamali remarked, “The bill is of no significance unless it is approved by the parliament. Why have you not been able to transfer the powers even after one year?”
Justice Amir Hani Muslim remarked, “If the assembly is not in session, then promulgate the ordinance. Provincial government has two weeks to transfer the powers. If nothing is done in two weeks, then the court will exercise its powers.”
The court while dismissing the plea for staying the use of local funds till the completion of the process of transfer of powers adjourned the hearing of the case until the second week of May.