The Supreme Court has issued a notice to the attorney general for Pakistan (AGP) and the Balochistan advocate general on an appeal against the province’s census results.
A three-judge bench, headed by Justice Ijazul Ahsan conducted a hearing on the appeals against the census results of Balochistan.
Justice Ijazul Ahsan remarked that the Balochistan government did not object to the census results, adding that under Article 154 of the Constitution, only the government can challenge the results.
The court questioned as to under which law the issue of census approval goes to the Council of Common Interests. Petitioner Hassan Murtaza’s lawyer Kamran Murtaza sought some time for assistance on the court’s questions.
The Balochistan chief minister was forcibly taken to the Council of Common Interests meetings, Kamran Murtaza told the court. He added that being a citizen of the province, he challenged the census results under Article 199.
“You cannot invalidate Article 154 by justifying Article 199,” Justice Ahsan remarked.
The Council of Common Interests did not exist at the time of the census decision, Kamran Murtaza said, adding caretaker governments had been appointed in Punjab and Khyber Pakhtunkhwa.
Justice Ahsan replied that no one from these provinces challenged the results. Justice Jamal Mandokhel asked why the matter was not being taken up in parliament. The National Assembly did not exist for a joint session, Kamran added.
A census is a constitutional requirement, which also affects the National Finance Commission, Justice Ahsan said.
On being asked how he was impacted by the census, Murtaza said the province’s population was said to be 125 million, but was actually 210 million. “We are told it is an unnatural increase,” he added.
“We have boycotted a census,” the lawyer further said, adding that the population they were talking about was not unnatural.
The court asked about the method of approval of census mentioned in the Constitution and the law or rules of business.
“Please take some time and assist on these questions," the court told the lawyer and also issued a notice to the AGP and the Balochistan advocate general. The court adjourned the hearing of the case till next week.
