December 20, 2008	Saturday	Zilhaj 21, 1429

PESHAWAR, Dec 19: The NWFP Sharia (Amendment) Bill, 2008, was submitted in the provincial assembly here on Friday, which was admitted by the speaker for discussion by the members.

The assembly also admitted five controversial ordinances for discussion.

Saquibullah Chamkani of the Awami National Party presented the Sharia bill in the house. The bill suggests inclusion of the study of the Holy Quran from Class 1 to Class 6, translation of the Holy Quran from Class 7 to Class 10, and learning of Hadith from Class 11 to Class 12.

The five ordinances pertained to the Defence Housing Authority, Peshawar, Islamia College University, Peshawar, revival of divisional commissioners, shifting of judicial powers to district coordination officers and annexation of mineral wing back to the Sarhad Development Authority.

Speaking against the re-promulgation of the ordinances on Nov 4, which had lapsed on Sept 15, Abdul Akbar Khan said it was unconstitutional and unlawful to re-promulgate an ordinance, which had lost its validity three months ago. He said: “Every ordinance is issued on immediate need basis for a period of three months, if the assembly is not in session. The incumbent government is bound to bring it before the house for legislation. No government can re-promulgate it with a retrospective effect, because the Constitution does not allow for it.”

He said most of the ordinances had been issued on June 15, which had lost their life on Sept 15, but the government re-promulgated them on Nov 4. He said it was unconstitutional to promulgate it with a retrospective effect. He asked the chair to give its ruling whether all the expired ordinances could be promulgated with retrospective effect?

Speaker Kiramatullah Khan Chagarmati said in his ruling that all the ordinances should be considered lawful and functional from their date of re-promulgation — Nov 4.