KARACHI: The highest legislation officer of the federal authorities on Friday assured the Sindh Excessive Courtroom that no improvement work on the undertaking of dual islands alongside Karachi’s coast would begin with out collaboration and cooperation of the Sindh authorities.
Lawyer Normal of Pakistan Barrister Khalid Jawed Khan knowledgeable a two-judge bench headed by Justice Mohammad Ali Mazhar that the Pakistan Islands Improvement Authority (PIDA) Ordinance was not the final phrase as vital modification could also be made, if required, after due deliberation with the provincial authorities.
When a petition difficult the vires of the just lately promulgated PIDA Ordinance got here up for listening to on Friday, the bench was knowledgeable two extra petitions had been filed on the identical problem.
The bench issued notices to the highest federal and provincial legislation officers on the brand new petitions.
The legal professionals for all of the petitioners submitted that as an interim measure some restraining orders could be handed in order that any improvement work couldn’t be began there.
Lawyer normal assures courtroom no work on islands could be launched with out Sindh govt’s cooperation
The lawyer normal argued that in case of a dispute between the federation and province, the Supreme Courtroom had jurisdiction to entertain the proceedings below Article 184 of the Structure.
Nonetheless, he maintained that the federal authorities was already engaged in dialogue with the Sindh authorities to resolve the distinction, if any, with regard to the promulgation of the impugned ordinance.
Barrister Khan assured the bench that the event work wouldn’t be began on the undertaking with out cooperation of provincial authorities and all apprehensions of the Sindh authorities could be addressed.
He argued that each one environmental points together with mangrove bushes could be absolutely addressed and guarded and averred that the aim of promulgating the ordinance was to not take over the islands however to develop the identical.
“The ordinance is not the last word and if required, necessary amendment may be made after due deliberation and discussion with the provincial government,” the lawyer normal concluded.
The bench took his assertion on document and requested the respondents to submit their replies earlier than Nov 13.
Initially, Advocate Shahab Usto had petitioned the SHC and submitted that the article of the impugned ordinance was reportedly to determine an authority for offshore islands of Sindh and Balochistan and significantly Bundal and Buddo islands alongside Karachi’s coast.
The petitioner submitted that the impugned ordinance had sabotaged the constitutional scheme by which the territorial integrity of the provinces had been assured below the Structure.
Pleas regarding MDCAT checks
The identical bench has directed the Pakistan Medical Fee (PMC) to deliver on document until Oct 28 the newest improvement concerning preparation of syllabus and announcement of date with a pattern paper for the medical and dental schools admission take a look at (MDCAT) within the province.
5 public medical and well being universities of Sindh and a few pre-medical college students filed two petitions in opposition to the PMC and the admission take a look at in province, respectively.
On the outset of the listening to, the lawyer for the PMC mentioned that feedback had already been filed.
The bench mentioned that it was essential to deliver on document these newest developments earlier than or until the following listening to.
The counsel for the nationwide well being providers ministry additionally filed assertion and copies had been supplied to the lawyer for petitioners.
The extra advocate normal submitted that he would file a reply on behalf of the provincial admission committee through the course of the day with an advance copy to the counsel for petitioners.
The bench allowed an software to call the Nationwide Testing Service as respondent and directed the counsel for petitioners to file an amended title inside two days.
The deputy lawyer normal submitted that because the query of legislation was concerned and vires had been below problem, he would argue on query of legislation.
On Oct 16, the bench had restrained the provincial authorities from holding the admission take a look at for medical and dental universities and schools within the province because of a battle of strategy between the federal and provincial authorities over the admission coverage.
Revealed in Daybreak, October 24th, 2020