LHC reserves decision on CM’s oath

CJ asks about president’s steps to resolve constitutional crisis

LAHORE:

Lahore High Court (LHC) Chief Justice Muhammad Ameer Bhatti reserved decision on Tuesday after hearing detailed arguments about measures taken by the president and prime minister to comply with an order regarding administration of oath to PML-N leader Hamza Shehbaz as chief minister of Punjab.

The chief minister-elect had filed a plea for execution of the earlier court’ order.

Chief Justice Bhatti had adjourned the proceedings in the morning till 2pm with a direction to the additional attorney general to get information from the federation about measures taken to implement the order.

Punjab Advocate General Ahmad Awais was also directed to assist the court on Article 255 of the Constitution about whether it might appoint anyone for administering the oath.

After the proceedings resumed, the advocate general could not satisfy the court over its queries regarding which law had given the mandate to the governor to analyse the election of the chief minister and examine its validity.

The court asked under which section of the Constitution had the largest province of the country been left without a chief minister and cabinet for 26 days.

The law officer reiterated that the matter was pending before the federation, which would take a decision in accordance with the law. He said hurried decisions should not be taken about such sensitive matters.

He argued that the Constitution allowed the governor to examine the contest for the post, which he had done following illegalities committed in Punjab Assembly. "There is supremacy of law and we should maintain it," he added.

The chief justice remarked that he had been watching the supremacy of law for 26 days when there was no chief executive and cabinet of the province.

CJ Bhatti remarked that it was the court that had drawn the president's attention towards his powers for appointing someone to administer the oath to end the prevailing constitutional crisis.

“The president and Governor House threw the court’s order into the air. They seemed reluctant to comply with the court’s orders," the CJ observed.

The judge asked the advocate general if he could cite even a single step which the president had taken to resolve the constitutional crisis.

AGP Awais said the presidency was working on the matter. "It does not mean we are sitting idle," he argued.

Chief Justice Bhatti remarked that it was clear that neither the governor nor the president was willing to comply with the court directives.

The additional attorney general told the court that the prime minister had sent an advice three times to the president for compliance in letter and spirit with the court order, but the matter was still pending.

Hamza Shehbaz’s counsel said a mockery was being made of the order. He alleged that the president and governor did not seem to be acting upon the Constitution.

The chief justice remarked that he had given sufficient opportunities for better sense to prevail, but in vain. He reserved the decision after hearing the detailed arguments.

The court had earlier directed President Dr Arif Alvi to nominate someone to administer oath to the newly elect chief minister. In the fresh petition, Hamza Shehbaz had requested the court to direct the Senate chairman to administer the oath.

 

Published in The Express Tribune, April 27^th, 2022.