Can a law be within the powers of federation and provinces simultaneously: CJP


ISLAMABAD : Chief Justice of Pakistan (CJP) has raised question can a law be within the powers of federation and provinces simultaneously.

Justice Yahya Afridi remarked could the government not amend mineral rules. Why the need is being felt to make amendments in mineral act 1948. If the basic human rights are affected by the amendment in mineral act then the court will interfere.

Justice Munib Akhtar remarked the laws are not implemented like magic. The laws will dominate which bear resemblance at federal and provincial level.
Reko Diq presidential reference came up for hearing before a 3-member bench of SC presided over by the CJP Umar Ata Bandial here Tuesday.

Additional Attorney General (AAG) told the court mineral act 1948 was neither included in 1973 constitution and federal law list nor was it included in provincial law list. Some clauses of mineral act went to the powers of federation some provinces.

Salah ud Din Ahmad counsel for Balochistan government argued that the learned judge raised question on the maintainability of the reference. Reko diq is matter of public interest and the president has authority to send reference upon it.

The court remarked the questions asked in the reference are vague. It is not necessary that the questions have been formed on precisely correct point. The Indian SC has maintained the SC can give its opinion on the points raised in the arguments.

The CJP remarked on the occasion the SC will have to give opinion only on these legal submissions in Reko Diq reference.

Salah ud Din advocate took the plea it is better that court should avoid giving such opinion which is due to the facilitation of all investors.

The court adjourned the hearing of the case till November 16.