ISLAMABAD: The Islamabad High Court (IHC) on Monday issued notices to Federation and Attorney General over petition which seeks to establishment formation of a legislative assembly in the federal capital to address its political and administrative affairs.
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Justice Mohsin Akhtar Kayani of IHC during the initial hearing today sought assistance from both the Federation and the Attorney General, ordering to submit their responses by March 27.
The Petition:
The petition, filed by Barrister Yawar Abbas, argues that the current law, being inconsistent with the basic structure and the mandate of the Constitution, is contrary to the fundamental rights of the citizens of Islamabad. The petition further states that laws concerning the capital are made by the National Assembly, in which Islamabad has less than one per cent representation.
Any law made for Islamabad is subject to being voted by the MNAs from all over Pakistan.
It states that the equality of citizens is a fundamental right enshrined in Article 25 of the Constitution. This right is derived from the principles of Islam.
Moreover, the administrative control of Islamabad is vested in the Chief Commissioner’s office.
This appointment, as per the petition, is not only unconstitutional as it lacks the consent of the Capital’s citizens but also a portrayal of the British Raj.
A legislative assembly in Islamabad would enable the citizens to hold accountable their policymakers and administrators.
Furthermore, the petition cites examples of the legislative assemblies of Indian and Australian Capital Territories and prays for a direction to the legislature to amend the law to create a legislative assembly for the Islamabad Capital Territory.
