ISLAMABAD Members of the Upper House on Monday termed the recent passage of the Code of Civil Procedure (Amendment) Bill 2010 from the Senate, a clear violation of 18th Amendment shifting the blame on to the government for not implementing it properly. The Senate last Friday had passed the Code of Civil Procedure (Amendment) Bill 2010 with a majority of vote while the National Assembly had passed it in March before making 18th Amendment part of the Constitution. Senator Zafar Ali Shah of PML-N on a point of order apprised the House that the Bill had been passed in clear violation of the 18th Amendment since the fact that Code of Civil Procedure (CCP) was a provincial subject after the new legislation. He was surprised how the House passed the Bill overseeing the 18th Amendment despite the fact that Chairman Senate, Leader of the House and Leader of the Opposition, all were practising lawyers. Mian Raza Rabbani while supporting the stance of Zafar Ali Shah said that CCP was item no.3 on concurrent list and the matters relating to the list had been shifted to provinces under the 18th Amendment. He blamed the government as well as ministries concerned for not reading the draft of the 18th Amendment properly and working without properly following it. He asked the Leader of the House to request the government through Prime Minister for implementing the 18th Amendment in true letter and spirit to avoid further embarrassment saying it was not simply an amendment but part of the constitution. Rabbani said that Parliament could do that legislation only for Capital Territory suggesting that President of Pakistan under the Article 75 of the Constitution should not sign it and return the Bill to Majlis-e-Shura to confine its purview to Islamabad Capital Territory. Rabbani said it was third time that the government had to face embarrassment for not following the new legislation that was unanimously passed by the Parliament. Prior to this, violation of the 18th Amendment was observed on part of the government when it repopulated 12 ordinances and passed the establishment of Islamabad High Court (IHC Bill, 2010 including some clauses in contradiction to the Amendment. Senator Farooq H Naek said that he would examine the matter personally as per rules when Zafar Ali Shah asked to kill the bill at this stage immediately saying that the Chair was authorized to do it.