Cases referred to LHC CJ

PTI counsel says no order about transferring proceedings available

LAHORE:

Lahore High Court (LHC) Justice Shujaat Ali Khan has referred to Chief Justice Muhammad Ameer Bhatti the matter of non-availability of the order following which cases relating to Punjab Chief Minister Hamza Shehbaz had been sent to his court.

CJ Bhatti had heard several petitions, including Punjab Assembly Speaker Pervaiz Elahi’s plea against the chief minister's election held on April 16. The PTI's counsel had completed their arguments, while the lawyers representing Hamza were to yet complete their arguments.

However, CJ Bhatti sent the petitions to Justice Khan.

During the proceedings on Monday, PTI's lawyer Azhar Siddique raised an objection that the petitions had almost been heard but at this stage the cases had been sent to the bench.

He contended that no order was available on record to divulge why the cases had been transferred.

The judge referred the matter back to the CJ's court with the request to pass an order in this regard.

During earlier, hearings, the PML-N had opposed retrospective effect of the Supreme Court’s interpretation of Article 63-A of the Constitution on the chief minister’s election, while the PTI maintained otherwise. The issue pertains to voting against the party line.

Meanwhile, a fine of Rs100,000 imposed by the CJ in previous proceedings over not complying with the court’s order was submitted on behalf of the chief minister.

The CJ had also imposed fine of the same amount on the Punjab government, deputy speaker and others. The court had sought their replies regarding the petitions but they had not submitted their response, which irked CJ Bhatti.

The Punjab additional advocate general also prayed the court for not making the imposition of the fine part of the judgment, saying that it might affect the jobs of the officials.

The court accepted the plea.

CM Hamza, the Punjab government and Deputy Speaker Dost Muhammad Mazari submitted their replies. Speaker Pervaiz Elahi in his petition had requested the court to examine whether the claimant to the chief minister's post had obtained the required number of votes in the election. He sought fresh elections to the slot. Out of 197 votes obtained by Hamza Shehbaz Sharif, 25 were of members of the PTI. They had cast their votes in favour of Hamza Shehbaz instead of Parvaiz Elahi, contrary to the directions of the parliamentary party of the PTI.

He prayed the court to declare the election held on April 16, its result and the certificate issued by the deputy speaker null and void.

Two other petitions filed in the CJ’s court sought removal of Chief Minister Hamza and declaring null and void the election held on April 16 in Punjab Assembly.

Earlier on April 17, Former prime minister Imran Khan had slammed the “supposed” election of Punjab chief minister, saying the incidents that happened that day were against “all democratic norms”.

“What happened in Punjab Assembly was condemnable & against all democratic norms & constitutional provisions,” the Pakistan Tehreek-e-Insaf chief said on Twitter.

“No one was in the Chair conducting the supposed elections - a total violation of all norms. We reject this sham mafia-captured “elections”, Imran, who was ousted from the prime minister’s office earlier this month, said. Pervaiz Elahi, who was the PTI candidate for the chief minister’s position but later boycotted the polls after being physically assaulted allegedly by PML-N MPAs, declared the election as “illegal”, casting a shadow of doubt over the legitimacy of the electoral process.

Published in The Express Tribune, June 7^th, 2022.