IHC constitutes larger bench to hear Cheema’s plea

Justice Minallah says president's power and where they are binding has already been made clear


Saqib Bashir May 20, 2022
Omer Sarfraz Cheema. Photo: PTI Facebook page

ISLAMABAD:

The Islamabad High Court (IHC) dismissed the Registrar Office's objections on Friday in the petition filed by Pakistan Tehreek-e-Insaf (PTI) leader Omar Sarfraz Cheema against his removal as Punjab governor.

The high court constituted a larger bench which will be presided over by Chief Justice Athar Minallah.

Petitioner's counsel Babar Awan argued over the objections of Registrar's Office and stated that the office raised two objections. The lawyer stated that the first objection raised was regarding attaching a WhatsApp copy of the governor being de-notified from his post.

Read Cheema to challenge his removal as governor in court

“We were actually not provided a copy of the dismissal notification,” Awan argued.

The second objection raised was concerning the jurisdiction of the court, as the Assistant Registrar Asad Khan stated that the matter belonged to Punjab.

The chief justice remarked that the de-notification process was done by the federation, adding that the president's powers, and where they are binding on him have already been made clear.

However, the counsel argued that the authority of the president is one thing and his functions another.

In response, CJ Minallah stated that the government functions on a parliamentary system and not a presidential system of government. “This issue came up when you were the law minister and it has been decided on,” he added.

The petitioner’s counsel argued that the previous situation was different. “I will satisfy the court”.

The high court ruled that the objections from the Registrar's Office were removed and a larger bench would be formed. The chief justice also advised the petitioner to read the judgments of the Supreme Court.

The court adjourned further hearing of the case till Tuesday

 

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