ISLAMABAD, Nov 17: The Islamabad High Court on Monday was informed that the ministry of Kashmir and Northern Areas had been doing legislation on the legal status of Northern Areas Legislative Assembly (NALA) and would submit a report to the court within ten days.
The single bench of Chief Justice Sardar Mohammad Aslam heard a writ petition filed by Syed Mohammad Ali Shah through his counsel Mohammad Ibrahim Shahid seeking dissolution of NALA.
A section officer of the ministry, Shakil Raza informed the court that further amendments were being made in the rules governing the elected body.
He sought time for submission of the report, which the court granted. The petitioner maintained that the former government had introduced a constitutional package in October 2007 which was issued by KANA through a notification on December 15, 2007.
Prior to these amendments, the Northern Areas Legislative Assembly was called Northern Areas Legislative Council (NALC).
After the notification, its whole status has been changed, he said, adding its members were not even allowed to legislate or authorised to make the budget.
“The erstwhile status of the council was changed into an assembly while the deputy chief executive was given the full powers of chief executive in violation of rules,” he added.
He contended that members of the defunct council should also cease to perform their duties as they could not be considered members of the newly-born NALA.
The assembly has the power to legislate on 49 subjects and it was announced that all the administrative and financial powers of the ministry of Kashmir Affairs and Northern Areas would be transferred to the local government.
Hearing put off: The IHC adjourned hearing of a bail application of an accused in the F-8 Markaz bomb blast case till a date in office. The division bench headed by the chief justice adjourned the hearing of Qasim Mushtaq on the request of his father as their counsel could not appear before the court.—APP
Munda dam: The IHC granted stay in the construction of Munda Dam for two months after accepting the pleas of two companies against award of the project to Wapda, writes our reporter.
A division bench comprising Chief Justice Sardar Mohammad Aslam and Justice Raja Saeed Akram while accepting the pleas of Munda Hydropower Project and AMZO, an American company, directed both the appellants and the respondents to argue their contentions before a single bench that would decide the case in two months. Directing Wapda not to create third-party interest in the project, the court said the respondents are restrained from creating third-party interest till the decision was rendered within a period of two months.
It stated that the counsel of the appellant and plaintiff had undertaken to produce documentary evidence only. If any delay was made by them the respondents may make an application for vacation of the injunction.
Making Wapda respondent, the petitioner in their appeal against the decision of a single bench not providing injunctive orders sought deferment in the project for two months besides restraining Wapda from creating third-party interest.
Earlier in August, the single bench of Justice Mohammad Munir Paracha had refused to grant the stay against the construction of the dam by Wapda till the disposal of their civil suit against the government.
Originally, Munda Hydropower Company and AMZO had filed a civil suit for $1.2 billion against Wapda, Private Power Infrastructure Board and the governments of Pakistan and NWFP for awarding the contract to Wapda. The plaintiffs maintained that in May 2004, Pakistan had issued a letter of interest to the US company for carrying out the feasibility study. Later, however, a special project company, Munda Hydropower Company, was incorporated.
After investing $15 million, these companies completed the feasibility studies and submitted a report to the ministry of water and power.
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