Over three weeks after tendering resignation, Punjab Chief Minister Sardar Usman has once again started calling the shots from the CM’s Secretariat.
He had directed the provincial law and parliamentary affairs secretary on Monday that a letter related to a writ petition filed by chief minister-elect Hamza Shehbaz Sharif and disposed of by the chief justice of the Lahore High Court on April 22 had no legal effect, because it had been issued without the prior approval and knowledge of the chief minister.
“The chief minister has further desired Mr Ahmad Awais, Advocate General Punjab to continue performing his legal and constitutional duties under Article 140 of the Constitution, 1973 and continue representing the province of Punjab and provincial government strictly in accordance with the law,” the communique added.
On Tuesday, Buzdar called a meeting of former ministers Basharat Raja, Mian Mahmoodur Rasheed, Sibtain Khan and Dr Yasmeen Rashid to discuss the political situation besides deliberating on important constitutional and legal options available to the former ruling party to achieve its political goals.
Speaking on the occasion, the chief minister asserted that everything would be done in Punjab in accordance with the law and Constitution. “The Constitution is supreme for us. Everyone will have to play a positive role in the development and prosperity of the country,” he maintained.
He underlined that he had remained engrossed politics focusing on the people and everything possible was done for public welfare and development of the province.
The Pakistan Tehteek-e-Insaf leader said he had always followed the Constitution and the law.
Commenting on the sudden development, a constitutional lawyer of the Supreme Court, Muhammad Azhar Siddique, said the chief minister was holding a constitutional office and had all jurisdiction under Article 133.
The article states, “The governor may ask the chief minister to continue to hold office until his successor enters upon the office of chief minister” to perform his functions.
In addition, the lawyer pointed out, Article 130, Sub Clause 5, states, “The member elected under clause (4) shall be called upon by the governor to assume the office of chief minister and he shall, before entering upon the office, make before the governor oath in the form set out in the Third Schedule.”
He highlighted that the Constitution had not given any time frame but clearly stated that the chief minister would perform his duties till his successor entered the office.
Responding to a question, Siddique said neither a court nor the prime minister had the power to direct the president or governor to administer oath within a specific time frame.
Article 248 of the Constitution gives protection to the president, governor, minister and other office-bearers.
It states: “The president, a governor, the prime minister, a federal minister, a minister of state, the chief minister and a provincial minister shall not be answerable to any court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions: Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the federation or a province.
"No criminal proceedings whatsoever shall be instituted or continued against the president or a governor in any court during his term of office.
"No process for the arrest or imprisonment of the president or a governor shall issue from any court during his term of office. No civil proceedings in which relief is claimed against the president or a governor shall be instituted during his term of office in respect of anything done or not done by him in his personal capacity whether before or after he enters upon his office unless, at least 60 days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims.”
The lawyer said the president had 15-day time to take a decision on oath-taking after which the governor might take 10 days.
Published in The Express Tribune, April 27th, 2022.
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