LHC seeks replies from govt, ECP regarding Naqvi's appointment

Sheikh Rashid's petition claims caretaker CM is unfit to hold public office due to prior corruption

LAHORE:

The Lahore High Court (LHC) issued notices seeking replies from the federal government and the Election Commission of Pakistan (ECP) after Awami Muslim League (AML) chief Sheikh Rashid filed a plea challenging the appointment of the caretaker Punjab Chief Minister Mohsin Raza Naqvi.

The court also sought legal assistance from the Attorney General of Pakistan Mansoor Usman Awan and Advocate General Punjab Ahmed Awais.

Meanwhile, the court directed the federal government’s lawyer to take instructions from the federation by the next hearing.

The petition was filed against caretaker CM Naqvi over his alleged affiliation with Pakistan Peoples Party (PPP) Co-Chairperson Asif Ali Zardari, Pakistan Democratic Movement (PDM), and active involvement in the 'regime change' movement against the Pakistan Tehreek-e-Insaf (PTI).

Petitioner’s counsel advocate Azhar Siddique contended before the court that no due process was adopted by the electoral watchdog in appointing the caretaker CM.

He requested the court to set aside the notification and declare it illegal.

The petition implored that since the ECP and its members violated the constitutional and statutory requirements vis-à-vis appointing the caretaker minister; they be censored and be held guilty of violating their constitutional position and committing misconduct and “be declared to be partial and incapable to hold a ‘free and fair election’.

Read Sheikh Rashid moves LHC against Naqvi's appointment

It maintained that the name of Mohsin Naqvi was put forth by the incumbent government on account of his close association with the current ruling elite, particularly, Asif Ali Zardari the the Sharif Family and his political enmity against the opposition.

“The caretaker CM Punjab Naqvi has been involved in regime change against PTI and actively working for PDM. Caretaker CM Naqvi had been involved in a case of corruption and corrupt practices initiated by the National Accountability Bureau (NAB) where he struck a plea bargain, voluntary return under section 25 of the National Accountability Ordinance, 1999 and is thus a convicted person”.

Referring to a decision of the Supreme Court, the petition stated that in a suo moto case, the apex court had declared that once a person is accused of corruption unless they volunteer to return the amount, they cannot hold any public office.

“Under such circumstances, Mohsin Naqvi was not eligible to be appointed as caretaker CM Punjab and, thus, he has no lawful authority to continue in the office”.

The petition requested that the appointment of Naqvi as caretaker chief minister be declared as illegal and unlawful, and the notification to appoint him as caretaker CM be set aside.

It was further requested that Naqvi be restrained from appointing any cabinet or performing any function regarding the issues of elections till the decision of the petition.

“And the operation of the notification referred above be suspended and he is restrained from performing any function of the stated office”.