Pakistan

LHC dismisses plea against Shibli Faraz as non-maintainable

Plea prayed upon the court to declare the minister’s actions and functions illegal

Rana Yasif March 22, 2021

LAHORE:

The Lahore High Court’s (LHC) on Monday dismissed a plea praying upon the court to restrain Information Minister Shibli Faraz from serving as a federal minister as non-maintainable

The plea contended to declare the minister’s actions and functions illegal as he did not take an oath of his ministry after being elected senator.

Petitioner Muhammad Safdar Abbas Khan, in his petition, prayed to the court that respondent Shibli Faraz was elected on a general seat from the provincial assembly of Khyber Pakhtunkhwa in the Senate of Pakistan.

He was elected on the seat in March 2015 for the tenure of six years ending in March 2021, the plea stated.

“Shibli Faraz was appointed as a federal minister for information and broadcasting on 28th April 2020. The tenure of the seat of the respondent Shibli Faraz as a senator was going to expire in March 2021 and as such he retired on 2nd March 2021."

"On March 3, the election for the seat of members of the Senate of Pakistan was held. On this date Shibli Faraz was re-elected on a general seat from Khyber Pakhtunkhawa as a senator in the senate of Pakistan,” the petitioner contended.

It further stated that the respondent had not been re-appointed as a federal minister by the president of Pakistan on the advice of the prime minister.

“No notification of his re-appointment of the federal minister and he has not taken the oath before entering into the office of the federal information and broadcasting but he is performing or purporting to perform functions as a federal minister for information and broadcasting. No notify of such appointments has been issued by the government of Pakistan to this effect,” the petition added.

He prayed to the court that “all actions done and functions performed by Sibili Faraz since 3rd of March 2021 may be declared to be unconstitutional and ultra vires of the Constitution of Islamic Republic of Pakistan 1973,” till he takes oath under article 92(2) of the Constitution.

During the proceedings, Justice Shahid Karim expressed his displeasure over the presence of some officials of the ministry of information and broadcasting who had visited the court to hear the court proceedings.

"Who are these people?" Justice Karim asked. "These people came from said ministry," replied the law officer replied. The judge then ordered the officials to leave the courtroom.