PESHAWAR, Feb 4: The Peshawar High Court (PHC) on Wednesday admitted to full hearing a writ petition filed by four district nazims challenging various steps of the NWFP government including revival of the offices of divisional commissioners, transferring powers of nazims to executive officers and assigning judicial functions to executive officers.

A two-member bench comprising Justice Jehanzeb Raheem and Justice Shahjee Rehman Khan observed that the points raised by the petitioners needed consideration.

The bench also put on notice the respondents including the NWFP chief secretary, secretary to the NWFP governor and secretaries of provincial local government, revenue and estate, home and tribal affairs, law, parliamentary affairs and human rights departments.

The bench observed that as the petition was of public importance, therefore, it should be decided within three months. The petition is filed by four district nazims: Haji Ghulam Ali of Peshawar, Himayatullah Mayar of Mardan, Sardar Haider Zaman of Abbottabad and Yousaf Ayub Khan of Haripur.

The nazims have challenged different ordinances promulgated by the provincial government including the NWFP Land Laws (amendment) Ordinance, 2008; Code of Criminal Procedure (NWFP) (amendment) Ordinance, 2008; and Code of Criminal Procedure, 1898 (NWFP) Provincial Motor Vehicle Ordinance, 1965, West Pakistan Maintenance of Public Order Ordinance, 1960 and Police Order 2002 (amendment) Ordinance, 2008.

The petitioners prayed the court to declare the said ordinances unconstitutional and illegal. The petitioners contended that despite the constitutional protection to the devolution plan introduced through an ordinance, certain vested interests prevailed upon the executive authority of the province to violate the mandate and constitutional cover provided to the local government system.

Advocate M. Sardar Khan appeared for the petitioners and contended that the Code of Criminal Procedure was in the Concurrent Legislative List and the provincial government could not make such amendments in it which were in conflict with that of the federal government.