ISLAMABAD, 3 August 2005 — Attorney General of Pakistan Makhdoom Ali Khan yesterday completed his arguments on the second day of the hearing of the Hasba Bill in the Supreme Court here. He also submitted a written statement about the constitution clauses in conflict with the Hasba Bill.
A nine-member bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry resumed hearing of the presidential reference about the Hasba Bill.
Makhdoom said the bill would empower “Mohtasib” (ombudsman) with unlimited powers. The bill will empower the Mohtasib’s office to interfere in private lives of the citizens, he said. It is violation of the constitution’s articles providing guarantee to the fundamental human rights.
Advocate Khalid Anwar appearing in the court on behalf of the NWFP government in his arguments told the court that the Mohtasib would not intrude into citizens’ private lives but instead improve governance, enforcement of law and protect the rights of minorities.
Chief Justice Chaudhry asked whether the law was not a combination of several civil and criminal laws and whether its enforcement would not provide a right to interfere in private lives.
In his remarks the chief justice said the institute of Mohtasib exists in the world but it is meant to check the government institutions.
Anwar said Pakistan is not a secular state, so the bill did not violate the constitution, and added that accountability was the basis of the Islamic society. He said:”This bill seeks to establish an institution of accountability to protect various sectors of society — including women, minorities and children — and curb social evils.”
The court adjourned the hearing of the reference for today. The court also added an extra hour to court timings from today for the hearing of the presidential reference against the Hasba Bill.
