Khosa’s appointment as governor challenged

Petitioner says Khosa ‘inappropriate’ for the office.


Express January 13, 2011

LAHORE: One the very first day following the announcement of Sardar Latif Khosa’s appointment as Punjab governor on Wednesday, a petition was filed in the Lahore High Court (LHC) challenging Khosa’s appointment.

The petitioner, Advocate Muhammad Nawaz Cheema, filed the petition under Article 199 of the Constitution and accused Khosa of being an ‘inappropriate’ choice for the governor’s office under Articles 62 and 63 of the Constitution.

The petitioner said that the LHC had held Khosa guilty of ‘professional misconduct’ while hearing a case Ghulam Hussain vs Karim Bakhs, 1980. He said that the LHC had also directed its subordinate courts not to take notice of any order or document referred to by the respondent (Khosa) or any member of his associates unless a certified copy of the order was produced.

The petitioner’s counsel submitted that under the Constitution, “A person shall not be appointed a governor unless he is qualified to be elected as a member of National Assembly.” The respondent is not qualified under the provisions of Article 62 of the Constitution and is disqualified under the provisions of Article 63 of the Constitution to be elected as member of National Assembly, hence not eligible to become governor, he argued.

The petitioner also pointed out that the respondent was removed from his office of attorney general on the directions of Supreme Court of Pakistan due to his disqualification.

Advocate Cheema asked the court to declare the recommendation for Khosa’s appointment as unconstitutional and restrain him from taking oath as the governor.

The petition was fixed before Justice Umar Ata Bandial who sought assistance from the Lahore High Court Bar Association president, an additional advocate general and a deputy attorney general for hearing on January 19. The judge also directed the petitioner to name the Punjab province as a respondent in his petition.

Published in The Express Tribune, January 13th,  2011.

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