ISLAMABAD: The Supreme Court Tuesday adjourned hearing of the case challenging Peshawar High Court (PHC) judgement over suspension of notification regarding bifurcation of district Kohistan into two districts under the Khyber-Pakhtunkhwa Local Government (amendment) Bill 2015 till Wednesday.
A three-member bench of the apex court headed by Justice Mian Saqib Nisar heard the case.
During the course of proceedings, advocates Syed Iftikhar Hussain Gillani and Aitzaz Ahsan appeared on behalf of petitioners and informed the court that the provincial government of Khyber Pakhtunkhwa had issued a notification regarding division of Kohistan into two districts on January 15, 2015.
Later, petitions were filed in PHC challenging the notification which was suspended by the court. The provincial government filed an appeal in the Supreme Court against the judgement passed by the PHC.
Aitzaz Ahsan said Kohistan was mentioned in the Constitution but Lower Kohistan was not mentioned.
He said the provincial government cannot intervene in constitutional matters. Justice Saqib Nisar remarked the court would examine the bifurcation of Kohistan either it was according to the Constitution or not.
Aitzaz Ahsan said Provincial Administrated Tribal Area (PATA) was included in Lower Kohistan.
He said constitutional positions of tribal areas cannot be changed without the Constitutional amendment.
Justice Saqib Nisar asked whether the residents of PATA and FATA had no basic human rights. Aitzaz Ahsan said tribal people cannot file petitions in High Court or supreme court.
The Additional Advocate General for KPK informed the court that the provincial government had announced to bifurcate Kohistan into two districts and it was an administrative matter.
He said PATA was under jurisdiction of High Court while FATA was in jurisdictions of Supreme Court.
Source: Business Recorder
Byline: Recorder Report
November 23, 2016