No Monarchy in Place in the Country: IHC

ISLAMABAD, August 10 (Online): Islamabad High Court has remarked that there is no monarchy in place in the country and every one has to work under the law and the constitution.

The  case against the sacking of PTDC employees and the formation of National Tourism Coordination Board (NTCB) came up for hearing before a single bench of IHC led  by Justice Amir Farooq Monday. The counsels for sacked employees and NTCB appeared before the  court.

The petitioner was of the view that the cabinet division has filed a new reply by making an amendment in previous reply. If the cabinet division wants to make an amendment in comments it can do so only in the legal way.

Deputy Attorney General (DAG) Raja Khalid Mehmood told the court that comments were filed without showing them to him. The notification of the constitution of the board is not from the federal government and instead it was issued by the Prime Minister. It was written in the comments that the notification was issued by the federal government while it was issued by the PM.

Justice Amir Farooq remarked, “Raja Sahab, it does not so happen. You should say no no, a mistake was  committed earlier and now it is being corrected. You had said this in the sugar mills case, oh a mistake has been committed. How is it possible that a mistake is committed? Hafiz Sahb is saying rightly that you have taken a full  U-turn in this matter. Now tell who has constituted the board? Either the PM or the federal government constituted the board.”

DAG told the court that the PM has constituted the PTDC board. Justice Amir Farooq inquired, “tell us the law under which the board can be constituted.”

The DAG replied that when the PM can form a new ministry or division then he can constitute an advisory board.

The court inquired whether tourism is a provincial or a federal matter. Is this matter not of the federation upon which a ministry can be formed? The DAG told the court that no ministry can be formed in this situation. This board has no powers. It is only for coordination.

The court inquired when it is a provincial matter then why the federation is coming in. There is no monarchy in the country. All including the courts have to work under the law and constitution. Who gave an opinion to the PM for the formation of this board? Where are the powers of the PM to constitute a board. If the cabinet decides that whosoever indulges in smoking will be fined to the tune of Rs 1 lac, will this decision become enforced? There is a constitution in the country. There is nothing above it. No one is above the law. When you think you are in a blind alley you can give advice.

DAG told he has given advice to them. The court inquired then what did they say. The DAG said that if we fall ahead then the teeth get broken and when we fall behind then the back bone is broken.

The hearing of the case was adjourned till August 19.

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