LHC reserves verdict on administering oath to Punjab CM-elect Hamza

AGP fails to address judge's concerns on why the governor or the president seems unwilling to administer the oath


RanaYasif April 26, 2022
Lahore High Court building. FILE: PHOTO

LAHORE:

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".

Read more: Hamza Shehbaz will take CM oath, even if entire PTI falls ill: Marriyum

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.

COMMENTS (2)

Syed Arif Hussain Zahidi | 2 years ago | Reply The intention is clear Malafide it is easier to divorce a bad man than a bad man who is pretending to be good Extremely bad lot who want to play with the Constitution as well as Pakistan. Surprisingly from 2018 they have taken undue advantage of the relief given to their party PTI as well as its members by Judiciary Establishment and many others. Its about time to put then in their place.
Parvez ali | 2 years ago | Reply CM PUNJAB Rather queer that the honorable Court did realize the Constitutional crisis created on purpose by the President and the Governor on the Oath of the Chief Minister yet the Court RESERVED the judgement and did not enforce its writ Regards Parvez ali
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