ISLAMABAD: The owner of a private housing society on Thursday challenged the notification for appointment of special magistrate of the Capital Development Authority (CDA), claiming that it was issued without any legal backing.

Chaudhry Mohammad Usman, chief executive of the Ghauri Town housing society, through advocates Kashif Ali Malik and Qazi Abdul Aziz challenged the appointment of Sardar Mohammad Asif as senior special magistrate.

It may be mentioned that last month Mr Asif sentenced Usman to three years in prison and imposed a fine of Rs1.5 billion on him for chopping trees in sector 8 of the society.

The petition stated that the notification regarding conferment of powers upon the senior special magistrate, CDA was not issued in accordance with relevant clauses of the law.

It added that a magistrate exercises judicial powers in respect of particular cases or to a particular class or particular classes of cases, or in regard to cases generally in any local area.

Such conferment could only be made by the provincial government on the recommendations of the high court, it stated, adding the notification provides for conferment of powers upon the officer under section 6 of the Code of Criminal Procedure, 1898 for which the approval of the high court was a pre-requisite.

The petition further stated that the chief commissioner was not vested with powers of the provincial government under the Constitution and respective laws on the subject, adding, only the federal government could make such an appointment and that too as prescribed in the Supreme Court judgment passed in the Mustafa Impex case.

It may be mentioned here that the apex court in the said judgment defined the federal government and declared that even the prime minister cannot take a decision unless he was empowered by the federal cabinet.

Published in Dawn, October 22nd, 2021

Opinion

Editorial

Agriculture tax
Updated 16 Nov, 2024

Agriculture tax

Amendments made in Punjab's agri income tax law are crucial to make the system equitable.
Genocidal violence
16 Nov, 2024

Genocidal violence

A RECENTLY released UN report confirms what many around the world already know: that Israel has been using genocidal...
Breathless Punjab
16 Nov, 2024

Breathless Punjab

PUNJAB’s smog crisis has effectively spiralled out of control, with air quality readings shattering all past...
Last call
Updated 15 Nov, 2024

Last call

PTI should hardly be turning its "final" protest into a "do or die" occasion.
Mini budget talk
15 Nov, 2024

Mini budget talk

NO matter how much Pakistan’s finance managers try to downplay the prospect of a ‘mini budget’ to pull off a...
Diabetes challenge
15 Nov, 2024

Diabetes challenge

AMONGST the many public health challenges confronting Pakistan, diabetes arguably does not get the attention it...