IHC issues notices in plea seeking provincial status for ICT
17-1-2023
ISLAMABAD - The Islamabad High Court (IHC) Monday issued notices to the respondents in a petition seeking provincial status and the legislative assembly for the Islamabad Capital Territory (ICT). A single bench of IHC comprising Justice Mohsin Akhtar Kayani conducted hearing of the petition moved by Barrister SM Yawar Gardezi, seeking court’s direction to create a legislative assembly in the federal capital to address its political and administrative affairs. The IHC bench issued notices to the federation and the attorney general for Pakistan and deferred the hearing till March 27 for further proceedings. During the hearing, the petitioner requested the court to direct the federal government to do the necessary legislation required to establish a legislative assembly in Islamabad. Justice Kayani asked that whether the court could pass an order directing the government to do the legislation or amend the Constitution. The lawyer argued that he was talking about the basic rights of Islamabad residents. He gave examples of the capitals of Australia and India where such assemblies exist. The judge inquired if it was a separate system other than the local government setup. The lawyer replied in affirmative. He requested the judge to direct the federal government in this regard and then it would be the federation’s prerogative how it would accomplish it. He argued that Islamabad is only area in the entire country which does not have its own assembly and federal capital does not come under the jurisdiction of any provincial assembly. He argued 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 petitioner added that laws with regard to the capital are made by the National Assembly, in which Islamabad has less than one per cent representation. He maintained that a legislative assembly in Islamabad would enable the citizens to hold accountable their policymakers and administrators