HYDERABAD: Former advocate general Sindh Yousuf Laghari has said that Federal Law Minister Farogh Naseem has erred in interpreting Article 149 as Supreme Court had in its judgement in 1998 restrained federal government from interfering in provincial affairs.

He said at a press conference at the local press club on Friday that the federal government had no power to enforce Article-149 (clause-4). The Supreme Court through a larger bench judgement had clearly stated that the federal government had no power to interfere in the affairs of the provinces, he said.

He believed that federal law minister had given a wrong interpretation of Article 149. If the federal government wanted to punish a political party, it could do so but it could not interfere in the governance of provinces, he said.

‘Minister Ali Zaidi has no authority to collect garbage’

He said that under Article-149(2), the federal government could only issue a directive to the provincial government concerned. Federal Minister Ali Zaidi also had no authority to collect garbage and his act was condemnable because it was the job of Karachi Metropolitan Corporation.

He said that if KMC was not able to collect garbage, Ali Zaidi could have issued directives but he could not undermine provincial autonomy. If the provincial government was not able to deliver the goods even then the federal government had no power to deprive people of the province of their rights. No resolution was passed in the provincial assembly nor in local councils for invoking Article 149 sub-clause 2, he said.

Mr Leghari questioned the formation of a committee on Karachi’s affairs and said that federal cabinet could only issue an advice for running provincial affairs and the federal law minister had issued a “threat” that he could move court. He welcomed Farogh Naseem’s announcement that he would move court because he as a lawyer trusted judiciary, which would not take any decision against Constitution, he said.

He said that many people became federal law ministers although they did not possess a degree in law but they did not take any unconstitutional step while Farogh Naseem despite being a student of law was taking surprising decisions.

He said that federal law minister was already involved in controversies involving Justice Qazi Faez Isa and Chief Election Commissioner Sardar Raza and these controversies remained unresolved.

He said that Election Commission of Pakistan was an independent institution which was not under the control of the federal government or judiciary but Farogh Naseem went against both institutions.

He said that lawyers were united to defend the Constitution and peoples’ rights whereas politicians could keep making and breaking governments. Lawyers of Sindh could launch struggle with all Sindh-friendly forces whenever needed, he warned.

Published in Dawn, September 14th, 2019