09 October 2004	Saturday	23 Shaban 1425

KARACHI, Oct 8: A division bench of High Court of Sindh, comprising Chief Justice Saiyed Saeed Ashhad and Justice Maqbool Baqer, on Friday issued notice to the respondents on a constitutional petition filed by the City Nazim , challenging the cancellation of his orders by the secretary of local government.

The petitioner impugned a notification issued by Mohammad Ishaque Lashari, Secretary of Sindh Local Government Department, cancelling the orders of the City Nazim, devolving the KDA, LDA and MDA with the City Government.

Raja Haq Nawaz, representing the petitioner, stated that the actions of the nazim were being cancelled with impunity to fail the City Government system, introduced by the federal government.

He said political leadership was creating hurdles for the city government to paralyze its functioning. It was argued that the development authorities were devolved on the pattern of the KDA, withdrawing ad hoc arrangements.

The petition stated that the city Nazim, being the head of the city, was responsible for all affairs falling in his jurisdiction and authority and continuance of ad hoc arrangements under the supervisions of respective DGs of defunct development authorities would be cause harm to the authority of the city Nazim.

The specific powers for setting aside the order of the city Nazim under special circumstances are available with the Local Government Commission under Section 25, as well as the DCO under Section 28 of Sindh Local Government Ordinance, 2001, who can make recommendations to the chief executive of the province, and after providing an opportunity to the city Nazim for its quashment. Therefore, in view of specific powers under the special law, there is no other option available with the government of Sindh.

Challenging the notification of provincial government, Raja Haq Nawaz argued that there was no such department in the Taluka Municipal Administration, as well as Town Municipal Administration, and if pattern of the KDA is followed as per notification of the Sindh government, all departments of the defunct KDA have been devolved with respective departments of the CDGK and the same had been adopted by city Nazim in his notification on Sept 21. Therefore, the government notification suspending the city Nazim's order are null and void ab-initio.

It was further submitted that the respondent being state functionary is required to act in accordance with law as required under Article 4 of Constitution. The impugned notification is in excess of authority and jurisdiction, therefore, unwarranted under the law and Constitution.

The court was prayed to declare the notification of the Sindh government suspending operation of the city Nazim's notification, unjust and misconceived and to quash the same as it is not sustainable in law.

Citing the chief secretary and secretary local government Sindh as respondents permanent injunction was also sought, praying the court to restrain them from interfering in the CDGK affairs without due process of law pending disposal of petition.

The bench, after hearing arguments, issued notice to respondents for Oct 19. The same bench also adjourned a constitutional petition filed by Nuzhat Afzal against illegal detention of her two sons, Zain and Kashan.

The boys were taken into custody from their homes in August and since then their whereabouts are not known. When the petition came up for hearing, federal counsel sought more time submitting that report from a top intelligence agency is still awaited. -APP/PPI