Islamabad [Pakistan], March 29 : The Sindh High Court on Tuesday said no mengful progress was being made before the Council of Common Interest (CCI) to resolve the issue of gas distribution among the provinces, the Dawn reported.
The court also took exception to the shortage of natural gas in Sindh even during the month of Ramazan and advised the Sindh government to approach the Supreme Court again for the implementation of Article 158 of the Constitution.
A two-judge bench, headed by Justice Mohammad Karim Khan Agha, also directed a provincial law officer to inform it on the next hearing about the decision of the chief minister to move the apex court to get a judicial interpretation of Article 158, which states the areas producing natural gas have the first right over it, the Dawn reported.
The bench has earlier appointed senior lawyer Makhdoom Ali Khan as amicus curiae to assist it with some facts and particulars concerning Article 158, including the authority of the federal government taking gas from Sindh without permission of its government.
The bench, at the outset of the hearing, was informed that the amicus curiae was on general adjournment.
The bench said the advocate general had filed some documents, including minutes of the CCI meetings, to show the measures taken by the provincial government during the last three years in the CCI to have Article 158 implemented, according to Dawn.
"It seems that no resolution has been made to this clear constitutional command whatsoever during this three years period and even in one part of minutes, it is stated that Article 158 of the Constitution was added for the province of Balochistan which does not appear to have been objected to the government of Sindh," the bench in its order added, according to Dawn.
It further noted that there appeared to be no mengful progress being made before the CCI in terms of Article 158.
"It appears that the CCI prima facie does not seem to be able to effectively deal with a clear command of Constitution and thereby resolve the issue of primacy in gas distribution between the provinces," it said.
An additional advocate general informed the bench that the apex court had referred the matter in question to the CCI to resolve it.
The bench added, "The government of Sindh under these circumstances might want to consider approaching the Supreme Court again for the implementation of Article 158 of the Constitution as it is quite apparent that no resolution or implementation in respect of the same is likely to be made via the CCI which indicates that Article 158 of the Constitution is redundant which can never be the case in the Constitution as no Article can be held to be redundant."
It further observed that the article in question was clear and unambiguous and did not need any interpretation. In any event, the bench said it was leaving the issue to the Sindh government as it represented the people of the province and was accountable as well as responsible to provide them with basic needs, including gas to cook for themselves, reported Dawn.
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