ISLAMABAD: The Supreme Court has conditionally extended till Feb 6 the functioning of 43 cantonment boards – institutions which have been without public representation for almost 15 years.
The government had sought one-year extension on the grounds that mandatory monthly meetings, statutory obligations and performance of the public services like approving building plans and development projects under Section 14(1 b) of the Cantonments Boards Acts 1924 should continue in the best public interest.
But a three-judge bench headed by Chief Justice Tassaduq Hussain Jillani said on Thursday that the temporary relief was conditional because during this period the apex court would ascertain the bona fide of the government to determine whether any dilatory tactic was at play to further delay local government elections in the cantonment boards.
And if so, the bench warned, the court would go ahead with the contempt charge and punish Defence Secretary retired Lt Gen Asif Yasin Malik accordingly. “Our efforts should be to hold the elections as early as possible without any further delay,” the court observed. It directed Law Secretary Barrister Zafarullah Khan to inform Prime Minister Mian Nawaz Sharif about the situation and submit a concise statement within 10 days. At the last hearing on Jan 9, the court had asked the government to come up with a final date of holding LG elections in the cantonment boards.
The court had taken up a 2009 petition of former vice president of the Quetta Cantonment Board Advocate Raja Rab Nawaz who had challenged the absence of local bodies in the cantonment boards.
On May 5, 2012, the then prime minister granted extension to cantonment boards for one year — a period that expired on the same date last year. Consequently, the apex court headed by then chief justice Iftikhar Muhammad Chaudhry extended the deadline of holding the elections to Sept 15, 2013 after it received a commitment from the defence secretary on July 2.
When the commitment was not met the court initiated contempt proceedings and indicted the defence secretary and asked the government either to hold local government elections under the existing laws or consider restoring Section 15e of the Cantonment Board Act, 1924, which suggests revival of the old bodies dissolved after completing their tenure.
On Thursday, Additional Attorney General Shah Khawar informed the court that there was no change in the stance of the government since a bill seeking amendments to the Cantonments Boards Acts 1924 was pending before the National Assembly’s Standing Committee on Defence.
Since parliament was seized with the matter, it was difficult to give a commitment about a timeframe for holding the elections, he said.
At this the court took strong exception and said it was for the third time that the same excuse was being given.
Shah Khawar argued that in the absence of an extension, the cantonment boards had become non-functional and as a result ordinary people were suffering because hundreds of matters pertaining to sanctioning of maps, etc, were pending authorisation.
Advocate Iftikhar Gillani also appeared before the court and requested for adjournment of the contempt proceedings against the defence secretary because he was on an official tour and could not appear before the court.
The court accepted the request but made it clear that the contempt issue was attached with the conduct of holding the elections.