July 20, 2005	Wednesday	Jumadi-us-Sani 12, 1426

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ISLAMABAD, July 19: Muttahida Majlis-i-Amal’s Senator Prof Khurshid Ahmad has expressed his reservations about the legality and propriety of a reference submitted to the Supreme Court by President Pervez Musharraf under Article 186 of the Constitution in respect of Hasba Bill. “This article of the Constitution provides the president with an opportunity to seek prior advice of the Supreme Court in respect of matters related to the discharge of the functions that are his direct responsibility under the Constitution,” Jamaat-i- Islami’s deputy chief said in a statement issued on Tuesday.

He further said it was not a kind of a free-for-all type of provision whereby the president might seek Supreme Court’s opinion on any legal matter under the sun. He emphasized that “public importance” has to be understood in relation to the constitutional responsibilities of the president.

The senator said under Article 186, all the eight reference made to the apex court in the past directly related to the constitutional responsibilities of the president. The only reference that related to a provincial issue was made by Ghulam Mohammad which sought to find out whether the provincial assembly was rightly dissolved or not.

According to Prof Khurshid Ahmad, the position with respect to Hasba Bill passed by the NWFP Assembly was very different. Here the assembly has passed a bill under its constitutional authority because in respect of administrative courts or provincial ombudsman it is the prerogative of the provincial assembly to legislate. It does not require any prior permission or otherwise any input or intervention from the president or the federal government at any stage.

The provincial government is empowered to pass any bill within its constitutional jurisdiction and the governor is bound by the Constitution to either give his assent or send it back to the assembly for reconsideration. He is obliged to give his consent to a bill approved second time by the assembly in whatever form.

“The constitution does not empower the governor to refer any matter to the Supreme Court under Article 186 and there is no constitutional provision which entitles the president to seek advice on behalf of the governor, who is expected to use his own mind and judgment,” the senator said.

“Prima facie, it is very clear that the reference to the Supreme Court is devoid of legal vires. I would, therefore, suggest that the president should withdraw this petition and should not overstep his constitutional limits and obligations,” he said.

Our Reporter from Pindi adds: Jamaat-i-Islami Rawalpindi District Amir Dr Mohammad Kemal, MNA Haneef Abbasi and other office-bearers of the party have congratulated the NWFP government on adoption of Hasba Bill.

In a statement issued here on Tuesday, they said the move would help the masses of the NWFP get rid of ‘Thana Culture’ and, thereby, pave way for introduction of Islamic system.

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