SHC moved against 17th amendment

Published January 3, 2004

KARACHI, Jan 2: A constitutional petition was filed in the Sindh High Court by Sohail Hameed, advocate, on Friday in which he prayed to the court to restrain the government from acting upon the 17th amendment as it was "without lawful authority and void".

The petitioner submitted Article 51 of un-amended Constitution which provides that the National Assembly shall consist of 207 Muslim members, to be elected by direct and free vote in accordance with the law.

He stated that the Supreme Court held that no amendment shall be made in salient features of Constitution, viz federation, parliamentary form of government, blended with Islamic Provision and independence of judiciary.

He said to omit word "Muslim" from Article 51 of Constitution amounts to amendments of federation, and, therefore, it is null and void. They maintained that the 17th amendment to the extent of omission of word Muslim in Article 51 and 62 (b) of Constitution amounts to amendments in Islamic ideology of Pakistan and prayed to the court to declare it void and in violation of Supreme Court verdicts in Mahmood Khan Achakzai and Zafar Ali Shah cases.

NOTICES ISSUED: A division bench of Sindh High Court, comprising Justice Ataur Rehman and Justice Zia Pervez, on Friday issued notice to secretary of revenue, EDO Gulshan-i-Iqbal and others for Jan 14 on a petition filed by Mohammad Ali seeking production of record of rights in respect of government land.

The petitioner submitted that land bearing survey Nos. 93-99 in Deh Songal Tapo Gujro, Scheme-33 pertains to revenue department. He alleged that land-grabbers of area, Muhammad Ali Chandio, Babu Mehar, Ghulam Nabi and others got illegal possession on said land and were selling it after carving out plots.

The court was prayed to direct the respondents to produce record of right in respect of the scheme and restrain the people from constructing houses. Besides, the petitioner also prayed for appointment of SHC Nazir as commissioner to inspect the land and to take an action against the land-grabbers.

KESC: The Karachi Electric Supply Corporation was put on notice for Jan 14 by a division bench of High Court of Sindh, comprising Justice Ata-ur-Rahman and Justice Zia Pervez, on Friday. The bench was hearing a constitutional petition filed by the owners of Amin Ice Factory against the KESC deputy chief controller, billing.-PPI/APP

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