PESHAWAR, June 30: A single bench of the Supreme Court here on Monday suspended the Peshawar High Court’s order of restraining the provincial assembly’s special committee from conducting proceedings against the District Kohistan Nazim.
On an application of the NWFP government, the bench comprising Justice Mian Mohammad Ajmal, allowed the special committee to continue its proceedings against Nazim Maulana Obaidullah and put forward its recommendation before the assembly.
The bench said the assembly could also decide a resolution tabled by the NWFP chief minister against the Nazim in the light of the recommendations submitted by the special committee.
However, the bench directed that the decision of the assembly which had to be notified through a notification by the chief secretary under the rule of business should not be notified till final disposal of the case.
The NWFP government has challenged the stay order issued by the high court in favour of Maulana Obaidullah, whereby the special committee was restrained from conducting proceedings against the Nazim.
The district Nazim has challenged before the high court the proceedings initiated against him by the provincial government for his removal. His petition was admitted to full hearing and the high court had requested the attorney-general of Pakistan to assist the court on two points: who is the chief executive of the province; and, whether the high court can interfere in the proceedings of the assembly.
The NWFP Advocate-General, Barrister Jehanzeb Raheem, appeared for the government before the Supreme court and argued that under article 69 read with article 127 of the Constitution the proceedings of parliament and the provincial assemblies could not be called into question in any court of law.
He maintained that by restraining the special committee of the assembly, the high court had interfered in the proceedings of the assembly.
Mr Raheem argued that the speaker and the assembly had the powers to constitute a committee for any purpose. He added that by issuing the stay order the high court had encroached upon powers of the legislature.
