LAHORE: Lahore High Court Chief Justice Muhammad Qasim Khan on Wednesday sought a written reply from the federal government on a petition filed by the Pakistan People’s Party challenging change in the name of Benazir Income Support Programme (BISP).

PPP-Punjab President Qamar Zaman Kaira filed the petition being first chairman of the BISP.

Advocate Abid Saqi, who represented Mr Kaira, stated the PPP government had launched BISP in 2010 aimed at providing financial assistance to the poor and deserving segments of society. He said the present government changed its name to Ehsaas Programme and that too unlawfully.

At the outset of hearing, Chief Justice Khan expressed wonder over presence of a team of federal government’s law officers in the court without a notice.

It appeared that the government was showing extraordinary efficiency in the case, the chief justice said, addressing the law officers.

Deputy Attorney General Asad Ali Bajwa stated that he appeared as a notice had already been issued on a civil miscellaneous application in the case.

However, he remained unable to assist the court on the questions raised in the petition.

Expressing displeasure, Chief Justice Khan observed that the only thing which was stopping the court from issuing a stay order was possible hurdles the people could face in getting financial assistance through the programme.

To a court query, the BISP secretary said the Ehsaas Programme had been launched under BISP Act 2010. He said Dr Sania Nishtar was the chairperson of the programme for which budgetary allocation was approved by the federal cabinet.

The chief Justice asked the government’s legal team under what law the cabinet had the authority to do so? He also noted that no rules had so far been framed under the BISP Act 2010.

He further remarked that a sudden change in the name of BISP raised eyebrows of public and political parties as well.

“How can government change the name of BISP without amending law through the parliament?” he posed another query to the law officer. However, the court got no satisfactory answer.

The CJ adjourned hearing till July 22 and issued notice to the government with direction to file a detailed reply to the petition.

In his petition, Mr Kaira submitted that BISP was initiated under a legal cover after then parliament had passed a law titled “Benazir Income Support Program Act 2010” and he was nominated its first chairman.

He stated that the incumbent government illegally changed BISP name to Ehsaas Programme.

He argued that the name of the programme could not be changed without amending the BISP Act 2010 and this exercise could not be carried out by the parliament.

He said in the instant case the federal government had not presented any bill in the parliament to amend the relevant law.

The petitioner asked the court to set aside government’s move to change BISP name and restrain it from making any illegal change in the law.

Published in Dawn, June 25th, 2020