Humayun Khan
PESHAWAR: Member Provincial Assembly (MPA) from PK-34 has challenged The Khyber Pakhtunkhwa Ministers (Salaries, Allowances and Privileges) (Amendment) Act 2022 at Peshawar High Court (PHC).
Pakistan Muslim League Nawaz (PML-N) MPA Sardar Muhammad Yousaf Zaman challenged on the ground that the amendments introduced The Khyber Pakhtunkhwa Ministers (Salaries, Allowances and Privileges) Amendment Act 2022 are mala fides, ultra vires of the Constitution of Islamic Republic of Pakistan and violative of fundamental rights of people of Pakistan/ Khyber Pakhtunkhwa as guaranteed by the Constitution.
The writ petition stated that the aforesaid have been introduced with the explicit objectives of some prominent political figures especially top leadership Pakistan Tehreek-e-Insaf, Advisors, Special Assistants to Chief Minister, their favorite bureaucrats and government servants, who illegally carried out and undertaken unauthorized journeys or excursion on aircrafts and helicopters of government, at Government’s expenses.
The petition added that the insertion of section 7B of the Khyber Pakhtunkhwa Ministers( Salaries, allowances and privileges) Act 1975 and its substitution by new section, whereby the provision of amending Act have been made applicable retrospectively from 1st November 2008till commencement of the Second Amendment Act 2022 is unlawful and mala fide to put a stop to National Accountability Bureau (NAB) into illegal use of helicopters and to protect financial corruption and ill-gotten gains of top leadership of a political party.
The writ further argued that the impugned enactments being aimed at safeguarding personal and political interest, fall within the ambit of colourable legislation. Because use of aircrafts and helicopters by unauthorized individuals, without approval of the competent authority is an offence, which being legalized through this mala fide legislation.
The petitioner prayer to declare both the amendments introduced by Khyber Pakhtunkhwa Ministers (salaries, allowances and privileges) Act 2022 as illegal, without lawful authority, without jurisdiction, mala fides and ultra vires of the Constitution of Islamic Republic of Pakistan 1973 and also violate fundamental rights. The writ was filed by Muhammad Tariq Afridi Advocate on behalf of PML-N parliamentary leaders while Secretaries, Law, parliamentary affairs & human rights department, Law department, administration department, provincial assembly and Speaker Khyber Pakhtunkhwa Assembly were respondents in the petition.
PHC grants transit bail to Barrister Saif
Humayun Khan
PESHAWAR: Chief Justice Peshawar High Court (PHC) Justice Qaiser Rashid granted transit bail to Advisor for Information Barrister Muhammad Ali Saif and ordered to appear on concerned forum, on Monday.
During hearing the counsel for petitioner Fakhar Alam Jaghra and Yasir Khalid Advocates appeared before court. They argued that Barrister Muhammad Ali Saif serving Khyber Pakhtunkhwa as Special Advisor for Information. Special Magistrate Capital Development Authority has issued arrest warrant and ordered the petitioner to appear on 11 January, the counsel informed.
The counsel argued that arrest warrant of Barrister Muhammad Ali Saif was issued under Preservation Landscape Ordinance 1966 while the case was registered for using tractor and blade on CDA’s land which is illegal. The petitioner is law abiding citizen and victimizing on political ground because the opposition in Federal is governing the federation following ousting of PTI led coalition government, the counsels informed.
The petitioner is welling to contest the case and to appear before court law but hesitating concerned police station of Islamabad police may arrest Barrister Saif and requested for transit till appearance before court, the counsel argued. Chief Justice Peshawar High Court Justice Qaiser Rashid granted transit bail to Khyber Pakhtunkhwa’s Advisor on Information Barrister Muhammad Saif and ordered to appear before competent forum.
