KBA rejects Islands Authority Ordinance

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KARACHI: The Karachi Bar Association has passed a resolution against the Pakistan Islands Development Authority Ordinance, 2020, issued by President Arif Alvi to create a land-owning agency covering islands around Sindh and Balochistan coastline.

An emergency meeting of the KBA managing committee took place at the City Courts on Friday, and was presided over by bar president Munir Ahmed Malik.

It expressed deep concern over the promulgation of the ordinance without the ‘due process’, said a statement issued by the bar.

“The ordinance has been promulgated without proper introduction of bill in the parliament in a hasty manner. Moreover, the said ordinance is in utter disregard of the Article 172 of Constitution of Pakistan, 1973 and particularly [against] the provincial autonomy in view of the 18th Amendment.”

The KBA added that the ordinance was in disregard of the fact that the islands, namely Bundal and Buddo, had been part of Sindh since the British annexation of the subcontinent. It said that the islands had always remained under the control of the province with indigenous population being present and living mostly as fishermen there.

“Whereas, the ordinance takes away complete control from the provincial administration. The authority proposed to be created, has also been given power to reclaim, which shall deeply impact the only source of living of local indigenous population. Tax break of 10 years has also been given in the ordinance, which suggests capitalist ventures at the cost of culture and indigenous population.”

The Karachi Bar Association also expressed concern on the letter issued by the Sindh land utilisation department, whereby change of land use has been permitted and land has been made available to the federal government for development.

“Such issue has also arisen due to absence of law minister in the province as well as absence of land utilisation experts, the KBA hereby calls upon the federal and provincial governments to immediately clarify and present the matter in the form of bill before the elected assembly and withdraw the P.I.D.A Ordinance.”

The Karachi bar also requested the Supreme Court of Pakistan to take suo motu notice on the issue as being an issue of human rights on account of local population living on the island and provincial autonomy in view of the 18th Amendment. “The ordinance is patently illegal as housing, etc, is provincial subject and change of land use for commercial construction shall destroy local habitat and ecology.”

Published in Dawn, October 11th, 2020

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