LHC asks governor to complete oath-taking of Punjab CM by tomorrow

CJ Bhatti suggests president of Pakistan plays his role as mandated by Constitution

ISLAMABAD:

Lahore High Court Chief Justice Muhammad Ameer Bhatti advised the governor of Punjab on Wednesday to ensure the process of administering the oath, either by himself or through his nominee, to a new Punjab chief minister was completed by April 28.

In his order - announced today after being reserved a day before - Justice Bhatti stated that it was “suggested/advised/proposed” that the governor ensured the completion of the process.

The decision was reserved following detailed arguments on the steps taken by the president or the prime minister to comply with the court's orders.

The court had directed the president to nominate any person to administer the oath to the newly-elected Punjab chief to wrap up the constitutional crises.

CJ Bhatti also suggested that the president of Pakistan play his role as mandated by the Constitution, ensuring a functional provincial government in Punjab, adding that the president was also under constitutional obligation to facilitate the administration of oath to any premier or chief minister in any province.

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Justice Bhatti also observed that all the enabling articles of the Constitution suggest the prompt formation of both provincial and federal governments.

“For that matter, expeditious administration of oath either by the president or by the governor or their nominee, as the case may be, is mandatory as all expected reasons/options causing delay are excluded/procured by suggesting/providing an alternate mechanism and I do not find any vacuum or space in the Constitution for causing any delay in the administration of oath required under Constitution”.

He stated that Punjab had been operating without a functional government for the last 25 days since the resignation of former Punjab chief Usman Buzdar was accepted.

He further said that the oath of the newly elected chief minister Hamza Shahbaz was being delayed on one pretext or the other, which was against democratic norms and against the scheme of the Constitution.

During yesterday’s proceedings, Advocate General Punjab (AGP) Awais 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".

He also contended that the Constitution allows the governor to examine the contest and that is why he was looking into the 'illegality' committed in the 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 criticised the office of the president for "sleeping". "It was the court that drew attention towards its [the office's] powers to appoint someone to administer the oath to wrap up the prevailing constitutional crisis," the CJ remarked.

“The president and the governor house threw the court’s orders up in the air; they seemed reluctant to comply with the court’s orders,” he observed.

The CJ then inquired, "Can you quote even a single step which the president took to wrap up the constitutional crisis?"

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In his response, the AGP assured the court that the president 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, and that the matter was still pending.

“I gave sufficient time for better sense to prevail, but all in vain,” CJ Bhatti had remarked.

Earlier, the court had directed President Dr Arif Alvi to nominate anyone in his stead to swear in the newly elected Punjab chief Hamza Shahbaz.

After that the PMLN leader knocked the doors of Lahore High Court again, seeking execution of the court’s order. He requested the court to direct the Senate chairperson to administer the oath to wrap up the constitutional crisis.