The Lahore High Court on Friday remarked that incumbent parliament and political parties had no mandate to create new provinces, observing that a few hundred lawmakers wanted to force their decision on the people which could result in anarchy in the country.The court also ordered the Deputy Attorney General Rana Shahzad to reappear before it on Monday along with the notification issued by the government regarding formation of a parliamentary commission for creating new province in Punjab.LHC judge Justice Khalid Mahmood Khan heard the case.
Petitioner’s counsel argued that the commission formed by the government had no legal or constitutional status and that the constitution could not be amended by implementing its recommendations.The judge asked whether this commission was named by the National Assembly Speaker or the President of Pakistan. The court asked the attorney general to re-appear along with the said notification after Friday Prayers.The Lahore High Court (LHC), during the proceedings of the case, also questioned wisdom of Punjab Assembly lawmakers for passing a resolution on restoration of Bahawalpur province despite their lack of knowledge about the status of Bahawalpur in the past.
Justice Khalid Mehmood said lack of knowledge on part of members of Punjab Assembly was laughable. He said MPAs adopted a resolution for restoration of Bahawalpur province despite being unaware of its past status. He remarked that incumbent parliament and no political party had mandate to create new provinces. The LHC judge observed that a few hundred lawmakers wanted to force their decision on the people that would result in anarchy in the country. He remarked that if Punjab Assembly had rejected the commission on new provinces how could a new province be formed in the province. Justice Khalid Mahmood remarked that no political had secured votes with creation of new provinces as their manifesto. He observed that rules of business do not allow speaker national assembly to form a panel for formation of new provinces.
The LHC said the notification for a commission on new province should be produced in court on Monday. Justice Khalid Mahmood further remarked that political parties should take part in elections with formation of new provinces as part of their manifesto and after winning power create new provinces as per their desire. He said the commission’s formation was based on malafide intention. The observations came during the hearing of a petition against creation of proposed 'Bahawalpur Janoobi Punjab' province.Representing the Punjab government, Ashtar Ausaf said the current commission had no representation of Punjab. The court remarked that if people of Mianwali did not want to be the part of new province, no decision against the aspirations of people would be accepted. The court further remarked that formation of the commission was the privilege of the assembly of concerned province.The court refused to issue a stay order against creation of the new province and adjourned the hearing till Monday.