HYDERABAD, Feb 21: The Sindh High Court, Hyderabad circuit bench, on Wednesday issued pre-admission notices to the attorney-general, cabinet secretary and chief secretary on a petition, challenging formation of a coordination committee, headed by the Sindh governor, empowering him to frame policies in respect of Karachi.

Yousuf Laghari advocate appeared on behalf of petitioners Dr Nazir Ahmed Sheikh and Shamim Iqbal Soomro. They stated except for Sindh, other provinces' governors did not have party affiliation but Sindh Governor Dr Ishratul Ibad belonged to the Muttahida Qaumi Movement.

The petitioners said that through notification No SO(C.I)SGA&DC/4-77/2006 dated October 14, 2006 and issued by the chief secretary, a coordination committee, headed by the governor, had been formed to frame policies in respect of development of Karachi and it did not include rest of the province.

They said the notification was in violation of the constitution and it usurped powers of elected representative of the people.

They said impugned notification was in violation of principles and issued to please a particular section of the people as such it was discriminatory whereby one section of people in Sindh was being governed by the government led by the Sindh chief minister while the other was being governed by the governor and his party affiliates.

They said the notification was in violation of Article 90 of the constitution whereby authority of federation shall vest in the president but, in the present case, the chief secretary issued it without citing authority of the president thus it was unlawful.

Quoting terms of reference of the coordination committee, they said, it was to provide input for coherent master plan of the city, monitor its implementation by all agencies, coordinate and bring about uniformity in building control codes and land use policies in Karachi by the DHA, KPT, SITE and cantonment boards etc.

They said Karachi was getting a preferential treatment over rest of Sindh as all other cities had turned into bowls of dust and filth though their need for master plan and building codes was equally severe and it militated against article 25 of the constitution.

They said rest of Sindh was reeling under misery and poverty and as per WB and ADB reports, 40 per cent of its people were living below poverty line. They apprehended formation of Karachi-specific committee was bound to further expand urban-rural divide in Sindh, leaving vast hinterland in dust, filth and poverty.

They claimed that governor belonged to an ethnic group which would control the metropolis under the notification.

It was contended that the notification bypassed the provincial chief executive, militating against principle of autonomy of units, guaranteed in article 2A of the constitution.

They described issuance of notification as a dishonest attempt to separate Karachi from Sindh and said a sinister move was launched by the federal government to illegally sell two islands.

They said the notification empowered the governor, who with the advice of committee members, could take decision and form policy, etc, in the matter of the institution which came under the authority of the Sindh government as such it violated article 105 of the constitution which envisaged that governor had to act in accordance with the advice of the chief minister.

They said the only function of the governor, during which he could act without the advice of the chief minister, related to his capacity as the chancellor of public sector universities. The petitioners requested the court to declare the notification as against provision of the constitution.

The court has fixed the matter for March 8 and noted that notices should be repeated through courier service to respondents and the attorney- general.