IHC Chief Justice Athar Minallah conducted the hearing on a petition filed by PML-N MNA Mohsin Ranjha.
During the hearing, MNA Mohsin Ranjha’s counsel Umer Gilani stated that as per Article 89 of the Constitution, the president is only authorised to issue ordinances when the government needs to respond to an emergency situation.
“We want the authority of the president to be explained as per Article 89,” said Gilani.
Chief Justice Athar Minallah questioned the counsel whether the opposition raised this issue in the National Assembly, to which Gilani responded, “Yes, we have written to the speaker against him”. Justice Minallah then asked the lawyer how ordinances are used in India, to which Gilani responded that it is only used in special situations. According to the petitioner, ordinances can only be issued in an emergency situation and legislations cannot be made through ordinances. “The obvious reason why the federal government rushed with these ordinances is that it did not want to meaningfully engage with the opposition in the Parliament,” stated Gilani. “This represents a completely unconstitutional and authoritarian approach to govern and is against the spirit of our federal, democratic constitution.”
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