The Lahore High Court (LHC) on Tuesday reserved a decision on administering the oath to Punjab's Chief Minister-elect Hamza Shehbaz after hearing detailed arguments on the steps taken by the president or the prime minister to comply with the court's orders.
A day earlier, LHC Chief Justice Muhammad Ameer Bhatti adjourned proceedings with directions to Additional Attorney General to inquire the federation about the progress made in the case.
As proceedings commenced in the afternoon, AGP Awias could not satisfy the court with its queries regarding which law had given the mandate to the governor to analyse the contest on the CM’s slot and to examine its validity, and under which section of the Constitution the largest province had been left without a chief minister and cabinet for the past 26 days.
He made these remarks as the AGP reiterated that the matter was pending before the federation and that the decision will be in accordance with the law, suggesting to avoid a 'haste' in deciding "such sensitive matters".
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He also contended that the Constitution allows the governor to examine the contest and that is why he was following illegality committed in Punjab Assembly. "There is the supremacy of law and we should maintain it," he remarked.
At this, the judge said that he was observing the supremacy of law for 26 days where there was no chief executive of the province and no cabinet in place.
He went on to add, “The President House was sleeping and its eyes were closed; it was the court that drew its attention about its powers to appoint someone to administer the oath to wrap up the prevailing constitutional crisis.
“The president and the Governor House threw the court’s order in the air, they seemed reluctant to comply with the court’s orders,” he observed.
CJ Bhatti then inquired, "Can you quote even a single step which the president took to wrap up the constitutional crisis?"
While responding, the AGP assured that the presidency was working on it and wasn't sitting idle.
However, the judge said: "One thing is very clear that neither the governor nor the president of Pakistan is willing to comply with the court."
The AGP apprised the court that the prime minister had sent the advice to the president thrice, asking for the court’s order to be complied with in letter and spirit.
Speaking on the occasion, Hamza Shehbaz’s counsel argued that the authorities were making a mockery of the court’s order.
"The president and the governor claim to act in light of the Constitution but this does not seem the case at all."
“I gave sufficient [order] to prevail better sense but all in vain,” CJ Bhatti said.
Subsequently, the court reserved the decision in the case.
A day earlier, Hamza again approached the LHC, seeking execution of the court’s order requesting that the Senate chairman be directed to administer the oath to wrap up the constitutional crises in the province.
Hamza contended that the Punjab governor and the president, despite clear orders of the court, had opted to follow the party line at the cost of abeyance of the constitutional command and provisions by unconstitutional means.
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