ISLAMABAD, July 25: The Supreme Court on Monday put off for a week the hearing of a reference filed by President Pervez Musharraf against the Hasba Bill after the NWFP government sought time for preparation.
Led by Chief Justice Iftikhar Mohammad Chaudhry, a nine-member bench also decided to take up a separate federal government application on August 1 seeking a restraining order against the NWFP governor and freezing his assent to the bill until the court passed a ruling on the reference.
Earlier in Karachi, a five-member bench after filing of the reference had served notices to the NWFP government and the advocates general of the four provinces to appear before the court on Monday.
Elaborate security arrangements were made within the court premises with deployment of a heavy contingent of police to avoid any untoward incident. Representatives of different non-governmental organizations, NWFP cabinet ministers and different people watched the proceedings.
During the hearing the chief justice mentioned the application of the federal government in which the AG had requested the court that if at all adjournment was to be given, then the provincial government be asked to give an undertaking that the provincial chief minister would advise the NWFP governor not to sign the bill till the pendency of the reference. The last date for the NWFP governor to declare his assent is August 17.
Attorney General Makhdoom Ali Khan also opposed the request of Advocate Khalid Anwar, who represented the NWFP government, to adjourn the hearing for two weeks as he was not prepared to defend the provincial government. The NWFP Assembly has also engaged Dr Farooq Hassan to represent it before the court.
The chief justice also observed that for the first time a nine-member bench had been constituted to hear the reference otherwise such matters were heard by a five-member bench.
Makhdoom Ali Khan told the court that the apex court in 1989 had granted interim relief during the hearing of a reference.
However Khalid Anwar argued that the 1989 reference was submitted before the court on the question of the budget and did not relate to legislation.
“This is the first time that the judiciary is being asked to interfere in a legislative matter,” Khalid Anwar said, adding that it had never happened in the history of Pakistan and would amount to striking a blow to a democratically-elected government.
