AD Khawaja Case: Supreme Court Dismisses Appeals Against Sindh High Court Verdict
Faizan Hashmi Published March 22, 2018 | 10:29 PM
The Supreme Court (SC) on Thursday dismissed appeals, filed by Sindh government and others against Sindh High Court's (SHC) orders of permitting Allah Dino Khawaja to continue as inspector general of police Sindh, after holding that they lacked merit.
LAHORE, (UrduPoint / Pakistan Point News - 22nd Mar, 2018 ) :The Supreme Court (SC) on Thursday dismissed appeals, filed by Sindh government and others against Sindh High Court's (SHC) orders of permitting Allah Dino Khawaja to continue as inspector general of police Sindh, after holding that they lacked merit.
However, the court declared that the appellant (Sindh province) was entitled to make new laws conforming with modern needs and observations made in the impugned judgement. The court further declared that on account of appeals' dismissal, its interim restraining orders regarding AD Khawaja transfer would not remain in field.
The three member bench comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Bandial and Justice Ijaz ul Ahsan heard the appeals at Supreme Court Lahore Registry. As proceedings began, Sindh government's senior Lawyer Farooq H Naek assailing verdict submitted that the SHC verdict suffered from a grave error of law as the directions were contrary to the fundamental and well-settled principles of parliamentary sovereignty.
SHC directions were tantamount to powers of legislature which was unlawful, he added. He said that SHC's interference in the posting of the IGP was a violation of the 18th Amendment, which gave autonomy to the provincial governments in their administrative affairs.
He said barring the provincial government from passing laws or orders was against the sanctity and supremacy of the Parliament. The impugned orders were breach of provincial autonomy and it was against the spirit of 18th Amendment, he added.
He said that the impugned judgment was unsustainable in the eyes of the law and therefore liable to be set aside. However, respondents' counsel Faisal Siddique argued that the SHC verdict was in accordance with law and pleaded to set aside the appeals.
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