Lahore High Court Chief Justice Mansoor Ali Shah on suspended a notification issued by the federal government to transfer five regulatory bodies to the relevant ministries.The regulatory bodies are the National Electric Power Regulatory Authority (NEPRA), the Oil and Gas Regulatory Authority (OGRA), the Pakistan Telecommunication Authority (PTA), the Public Procurement Regulatory Authority (PEPRA) and the Frequency Allocation Board (FAB). The LHC chief justice observed that rule of law was essential, adding that Prime Minister Nawaz Sharif should have sought approval from the Council of Common Interest (CCI) before issuing the notification. Justice Shah also directed the attorney general of Pakistan to appear on next date of hearing. he chief justice was hearing a petition filed by Advocate Sheraz Zaka, challenging the notification to make the regulatory bodies subservient to the relevant ministries. Earlier, Justice Shah had directed to the federal government to inform until January 20 that how the PM abolished the independent entity of these institutions without consulting the CCI. The petitioner said that through different notifications the administrative control of these regulatory authorities to ministries was against the law. He said that the impugned notifications were issued without getting approval from the CCI and cabinet.He claimed that the impugned notification was violation of Article 154 of the constitution. He requested that as the impugned notification was issued without fulfilling the legal requirement, so it should be declare as null and void. Earlier, a deputy attorney general while opposing the petition had said that the petition was not maintainable. He claimed that approval of the CCI was not required for making the regulatory authorities subservient to their relevant ministries. Chairman Senate Mian Raza Rabbani had also given ruling that the control of Regulatory Authorities cannot be transferred from one ministry to another ministry without obtaining prior approval from the Council of Common Interests, in terms of Article 154 of the constitution.In a ruling about placement of regulatory authorities under the line of ministries announced, he was of the view that any attempt to bypass CCI in taking such policy decisions was a constitutional violation affecting the rights of the federating units, hence against the spirit of participatory federalism and the schemes of the constitution.The chairman reserved the ruling on the question, whether the issue of placement of Regulator Authorities under their line Ministries was required under Article 154 (1) of the constitution to be placed before the CCI for this decision. Although the government had clarified the reasons behind the transfer of these autonomous bodies to ministries for an improvement in coordination and functioning but current developments has proved its position wrong. Since the current government came to power in 2013, it has made a habit of bypassing mechanisms outlined in the constitution to hasten their decisions. One of the most significant examples is the promulgation of ordinances and other important decision-making outside the parliament. Military coups have severely hindered the development of democratic institutions. Government should deliberate in depth while taking such decisions. It should respect constitution and should work to strengthen democratic process in the country.
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