PESHAWAR, Feb 26: The Peshawar High Court on Tuesday sought comments from the federal government and a parliamentary panel’s chairman in a writ petition challenging the proposal of making a new province out of Punjab by the name of Bahawalpur Janoobi Punjab.

A bench comprising Chief Justice Dost Mohammad Khan and Justice Irshad Qaiser also put on notice the attorney general for Pakistan directing him to appear in person and assist the court on the issue.

The petition is field by senior lawyer Barrister Baachaa, saying the plan was aimed to disintegrate Pakistan.

The bench framed some questions for the respondents including the federal government through the establishment secretary and the Commission for Creation of New Provinces in Punjab through its chairman Senator Farhatullah Babar with the direction that replies to these questions be given.

The bench has asked the following questions:

When Article 1 (2) of the Constitution created, established and recognised four provinces, Islamabad Capital Territory and the Federally Administered Tribal Areas (Fata), then how a new province could be created?; whether creation of the parliamentary commission and its functioning was not entering into the powers conferred on parliament by the Constitution?; and whether parliament was empowered to create new provinces under the Constitution?

Barrister Baachaa appeared in person and argued that the ruling alliance had been trying to divide the country on smaller provinces and it was a threat to the integrity of the country. He argued that the proposal regarding creation of new province was on linguistic basis and not administrative and this would encourage other elements to demand creation of Jinnahpur province in Sindh and Hazara in Khyber Pakhtunkhwa.

The petitioner argued that the proposal was aired by the ruling PPP and its allied parties for the sake of political point scoring. He added that Article 1 of the Constitution clearly pronounced that territory of Pakistan comprised four provinces, Fata and Islamabad Capital Territory. He added that there was no mention in the constitution about creation of new provinces.

The petitioner further argued that under Article 239 (4) of the Constitution only provided for altering limits of a province which did not mean creation of new province. He added that even for altering limit of a province, a resolution had to be passed by two-thirds majority of the total membership of that province.

The chief justice asked whether this was not a political question and whether that should not be decided by the Supreme Court being the apex court in the country.

The petitioner replied that under Article 199 of the Constitution, the high court had the jurisdiction to decide this question because if this proposal of creation of new province was accepted, it would also affect this province.

He added that the president of Pakistan had no powers under the Constitution to order creation of a parliamentary commission while bypassing parliament.

The petitioner has requested the court to direct the respondents including the federal government to stop playing with the future of the country by cutting it into different parts. He has also requested the court to direct the Commission for Creation of New Provinces in Punjab to stop all and any further proceedings and actions regarding the creation of new province/provinces in Punjab until the ultimate disposal of the writ petition.