SC declares 3 Clauses of Hisba Bill contrary to Pakistan Constitution
By Shoaib Jabbar 'Pakistan Times' Special Correspondent

ISLAMABAD: An eight-member bench of the Supreme Court here Tuesday declared three clauses of Hisba bill 2006, passed by the NWFP assembly in November, as contrary to the Constitution of Pakistan while accepting a Presidential reference.

The bench headed by Chief Justice of Pakistan Justice Iftikhar MuhammadChaudhry heard the case.

It included Justice Abdul Hameed Dogar, Justice Sardar Muhammad RazaKhan,Justice Khalil-ur-Rehman,Justice Muhammad Nawaz Abbasi, Justice MianShakirullah Jan, Justice Saiyed Saeed Ashhad and Justice Nasir-ul -Mulk.

Attorney General for Pakistan, Makhdoom Ali Khan, appeared before thecourt on behalf of the President. Khalid Anwar represented the govt of N.W.F.P.

The Supreme Court, giving its opinion, said: "For the reasons to be recorded later, in our unanimous view, opinion expressed in Reference No. 2 of 2005 (Hisba Bill, 2005) has been complied with except the provisions of the Section 2 (11) and Section 3(2) of the Hisba Bill, which appears to have escaped the notice of the Provincial Legislature,which may now be given due consideration.

"We are further of the opinion that any violation of the provisions ofSection 23 of the Hisba Bill, 200 shall not be subject to Section 14 hereof."●