PESHAWAR, Jan 19: A former president of the Peshawar Bar Association, Sher Afgan Khattak, on Monday challenged the proposed Hisba Act in the Peshawar High Court and contended that it was violative of the fundamental rights guaranteed by the Constitution.

Mr Khattak filed a writ petition requesting the court to declare the proposed entrusting of contempt of court and other special powers to the mohtasibs unconstitutional.

The petitioner also filed an application for interim relief praying that the provincial government be restrained from presenting the Hisba Act in the NWFP Assembly for legislation.

The respondents in the petition are: the NWFP government through the law, parliamentary affairs and human rights secretary; the NWFP governor; the chief minister; the provincial law minister; the provincial assembly secretary; and the federation, through the law and parliamentary affairs secretary.

The petitioner stated that the act was inconsistent with the common laws of the country and the NWFP government despite opposition by varioussections of the society was bent upon getting the law passed from the provincial assembly without inviting suggestions from the public at large.

He stated that by virtue of Section 23 of the proposed law, the mohtasib would be given vast powers and jurisdiction over the citizens under 27 heads, which amounted to the creation of a parallel judiciary with executive powers and a special Hisba force at his disposal. He said it was violative of articles 13 and 175 of the Constitution.

The petitioner stated that the offences mentioned in Section 23 of the proposed law under special powers of the mohtasib were already covered by 25 laws and there was no need for new laws for those.

Section 22 of the act, he stated, proposed the constitution of a Hisba force, whereas the formation of a force was a federal subject. The petitioner requested the court to declare that the respondents were liable to circulate the text of the proposed law for the perusal of lawyers, teachers, journalists and other sections of the society for inviting their comments. He said the government should consider those suggestions before the act's presentation in the assembly. He requested the court to declare the proposed law ultra vires to the Constitution.