‘Who takes the oath, not who administers it is important’

Lahore High Court validates CJ’s oath administered by Governor Khosa.

Express January 17, 2012


The Lahore High Court on Tuesday validated the oath administered by Governor Latif Khan Khosa to Chief Justice Sheikh Azmat Saeed.

The court ruled that the administration of oath was a ministerial act and it made no difference whether the authority administering it was properly appointed or not.

“The deciding factor is that the person taking an oath is competent to discharge his obligations as chief justice of the Lahore High Court,” noted Justice Muhammad Khalid Mahmood Khan.

He then dismissed the petition for being non-maintainable.

Justice Khan had reserved the verdict on January 12.

The judge noted that under Article 194 of the Constitution, the governor only has to administer the oath. It is the chief justice who has to take the oath, said the judge, adding that the eligibility of the chief justice was what was important.

Petitioner-lawyer Afaq Ahmad had challenged the oath taken by the LHC Chief Justice Sheikh Azmat Saeed, which was administered by Governor Khosa. He had contended that a petition challenging Khosa’s appointment as governor was pending before the court.

The court pointed out that  the petitioner had admitted to Chief Justice Sheikh Azmat Saeed’s “legal and moral qualification” to hold the office of a judge of the superior courts.

Published in The Express Tribune, January 18th, 2012.


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