Announces verdict on MQM-P petition; Aminul Haque terms the day as ‘Day to rejoice’
The Supreme Court on Tuesday announced its verdict on a petition filed by the Muttahida Qaumi Movement-Pakistan (MQM-P) seeking empowerment and autonomy for local government institutions in Sindh as it directed the Sindh government to devolve financial, administrative and political powers to local government as enshrined under the Constitution.
The top court had reserved its decision on the MQM’s plea on Oct 26, 2020.
The then MQM, now MQM-P, had challenged the Sindh Local Government Act (SLGA) 2013 in the Supreme Court in October 2013. The SLGA-2013 was passed into law by the Sindh Assembly on August 19 amid fierce opposition by the MQM. hief Justice Gulzar Ahmed noted that local governments are formed under Article 140-A of the Constitution, which binds provincial governments to establish “em-powered” local governments in their jurisdiction.
The top judge remarked that a provincial gov-ernment cannot launch a project that comes un-der the jurisdiction of the local government.
The court also declared void sections 74 and 75 of the SLGA, which are related to the transfer of functions from councils to government and commercial schemes. Justice Ahmed said it was the prerogative of local governments to create and implement the city’s master plan.
“The Sindh government is bound to set up empowered local bodies,” the apex court said in its verdict.
The CJP remarked the Sindh government was also bound to have a “good working relationship with local governments [for effective functioning of the system]”.
The court also ordered to amend the rules of the Sindh Building Control Authority and the Karachi Development Authority (KDA) in line with the Constitution, “while the laws related to the Malir Development Authority and the Hyderabad Development Authority must also be changed in accordance with the Constitution.”
Sindh government to strictly ensure compli-ance of all related laws with Article 140-A of the Constitution. MQM-P leader and Minister for Information Technology and Telecommunication Aminul Haque said it was a “day to rejoice” for all legislatures of the country as the apex court de-fined Article 140-A of the Constitution in detail.
He said the court also clarified that a master plan should be in control of the mayor and elected representatives, saying that it was wel-coming to see the top court nullifying sections 74 and 75 of the SLGA, which granted powers to the Sindh government to take control of any local institution.
“The provincial government had previously taken over KWSB and KDA from mayor,” he re-called.
