LAHORE: The Lahore High Court has ruled that intervention of the federal government is not necessary if speaker of a provincial assembly issues production order of its member imprisoned in another province.

“It is clearly manifest from sub-rule of rule 82 of Rules of Procedure of Provincial Assembly of Sindh, 2013 that a production order can be addressed to the government or the authority where the member is held in the custody,” observes Justice Mirza Viqas Rauf in a detailed verdict issued on a petition of PPP MPA Faryal Talpur challenging non-implementation of her production order.

Through a short order, the judge at Rawalpindi bench on Sept 14 directed the Adiala jail authorities to make arrangements for her to attend Sindh Assembly sessions.

The Punjab government had vehemently challenged maintainability of the petition on multiple grounds. In one such ground, it said federal government was a necessary party and without any formal order from the central government, the production order was not enforceable against the province of Punjab.

Justice Rauf, however, rejected this argument and observed the intervention or command of the federal government is not necessary for causing the production of the petitioner in the session of the assembly.

“Needless to observe that federal government in such eventuality is neither necessary nor proper party to this petition and non-impleadment of the federation would have no adverse bearing on this petition,” the judge added.

The judge also dismissed another objection by the Punjab government against jurisdiction of the court on territorial grounds.The government had also opposed the petition on an apprehension that petitioner will not return back after being allowed to attend the session of assembly.

The judge observed, “This argument of learned law officer is surely an outcome of misconception of law. This court is not supposed to proceed on the basis of suppositions and presumptions rather law is to be adhered in its true perspective irrespective of consequences.”

The judge further ruled that if the petitioner is precluded and debarred from attending the sessions of the assembly, it would amount to denial of her right to represent the people and in that event her constituency would go unrepresented.

Published in Dawn, September 25th, 2019