Caretaker govt’s role challenged

LHC issues notices on pleas against interim setup functioning after 90 days

LAHORE:

Lahore High Court (LHC) Justice Shahid Karim has sought replies from the authorities concerned on petitions seeking directions to restrain the caretaker provincial government from functioning after its 90-day tenure lapsed.

Justice Karim was hearing on Tuesday petitions filed by Awami Muslim League (AML) leader Sheikh Rasheed and former Pakistan Tehreek-e-Insaf (PTI) MPA Zainab Umar.

The petitioner’s counsel Azhar Siddique implored the court the constitution was very clear that there would be no caretaker setup after the 90-day period.

He argued that the caretaker government had been formed to conduct free and fair elections after the dissolution of the Punjab Assembly but it had failed to act upon the constitutional provision.

The counsel contended that delaying tactics were being used repeatedly and mala fide intent was evident on the part of the caretaker government, which allegedly did not want elections held in the province. He said the caretaker government had completed its 90-day constitutional time limit and it would be unconstitutional if it functioned beyond the time frame prescribed in the constitution.

When the judge asked what would be the future of the caretaker government If elections were not held within 90 days, the counsel contended, “The caretaker government will automatically end and former chief minister Chaudhry Pervaiz Elahi will automatically be restored.”

 A law officer raised objection that an application of the same nature had already been dismissed by Justice Raza Qureshi.

Journalists’ cases

After failing thrice to present missing anchorperson Imran Riaz Khan before the Lahore High Court, Punjab Inspector General of Police (IGP) Dr Usman Anwar suggested on Tuesday that the assistance of other law enforcement agencies should be sought in the case.

He told the court that he had contacted all deputy inspectors general (DIGs) who had informed him that Riaz was not wanted by them anywhere in the country. IGP Anwar suggested that the court summon the defence and interior secretaries, reiterating that the anchorperson was not in police custody.

The petitioner’s counsel Azhar Siddique argued that first the DPO of Sialkot had been given time and then the IGP had been granted sufficient opportunity but he was clueless. LHC Chief Justice Muhammad Ameer Bhatti remarked that the IGP perhaps meant that the anchorperson was not in Punjab and he required access in Sindh and Blochistan.

He said the court was giving time to reach the logical conclusion regarding the matter.

“Everyone should Keep one thing in mind that this court wants protection of the anchorperson’s life. No one will be spared if anything happens to Imran Riaz,” the CJ made clear.

The court then adjourned the proceedings. In another case, LHC Justice Asjad Javaid Ghural directed the CCPO of Lahore to produce four journalists by May 26 and also restrained the authorities from harassing journalists, staffers of media channels and digital media persons who covered the incidents on May 9. The judge was hearing a petition filed by Lahore Press Club (LPC) president Azam Chaudhry through Advocate Azhar Siddique.

After submitting the lists of those who had been arrested and those being harassed, the counsel argued that it was regrettable that the journalists and staffers deputed with media vehicles, as well as digital media persons were being arrested in connection with the incidents of May 9.

Published in The Express Tribune, May 23^rd, 2023.