The Lahore High Court (LHC) on Friday directed National Assembly Speaker Raja Pervez Ashraf to manage the oath to Punjab Chief Minister-elect Hamza Shehbaz tomorrow (Saturday) at 11:30am.
Justice Jawad Hassan issued the nine-page written order after earlier reserving the decision. The PML-N chief had sought the court docket’s intervention for a 3rd time over his oath-taking course of and had filed a petition searching for the administration of oath to him by “a person nominated by the court” owing to the “defiant attitude” of President Arif Alvi and the province’s governor, Omar Sarfraz Cheema.
At the outset of the listening to, Justice Hassan requested in regards to the order handed by the LHC CJ. Subsequently, Hamza’s counsel, Khalid Ishaq, learn the order out loud and informed the court docket that the president and the Punjab governor have been blatantly violating the Constitution.
Justice Hassan remarked that nobody ought to have the audacity to flout the court docket’s directives. “This concerns the respect of the high court and Pakistan’s judiciary,” he mentioned.
He additionally regretted the truth that two orders handed by the excessive court docket weren’t applied, including that he would decide primarily based on the Constitution.
Hamza’s lawyer informed the court docket that LHC had issued directives for holding the chief minister’s election. He added that the governor was refusing to manage the oath to the chief minister-elect in contravention of the court docket’s directives.
When the listening to continued after a brief break, Justice Hassan requested why the petitioner had not made the president and the Punjab governor respondents within the case. At this, Hamza’s lawyer replied by saying there was no have to make them respondents within the case.
Meanwhile, Punjab Additional Advocate General Umair Niazi contended that proceedings may solely transfer ahead as soon as the Punjab advocate normal was issued a discover below Article 27-A of the Constitution.
“The Punjab governor has sent the matter to the president. How can he administer the oath when the matter is with the president?” he requested.
He informed the court docket that the Senate chairman may additionally administer the oath. “But according to my information, he is currently not in the country,” he mentioned. He added that the president or the Punjab governor may administer the oath or appoint a consultant to do the identical.
The court docket had reserved the decision after listening to the arguments.
Hamza information third petition
This was the third time that Hamza — who was elected as Punjab’s chief government on April 16 throughout a provincial meeting session marred by mayhem — sought LHC’s intervention over his oath-taking course of because the Punjab governor continues to chorus from administering oath to him, questioning the validity of his election, and President Alvi is but to appoint one other particular person to carry out the obligation, as directed by the excessive court docket earlier.
In a petition filed on Friday, Hamza contended that the governor and president had proved themselves to be “guided by whims and fantasies instead of law and Constitution” by refusing to abide by the court docket’s orders on his earlier two petitions.
The PML-N chief had first approached the court docket after Cheema refused to manage oath to him. After listening to the arguments, the court docket had instructed President Alvi to appoint a consultant to manage the oath within the absence of the governor.
However, after additional delay by the president, Hamza had moved the court docket once more on April 25. This time, he had requested the LHC to instruct Senate Chairman Sadiq Sanjrani to manage oath to him. In his ruling, LHC CJ Ameer Bhatti had directed Governor Cheema to finish Hamza’s oath-taking course of by April 28.
In the third petition submitted at this time, the CM-elect mentioned: “No heed has been paid to the direction issued by the constitutional court and the governor and president are harping on the same looney tunes of their purported notions which have already been condemned and deprecated as transgression of constitutional mandate.”
The conduct and actions of the governor and the president have been “contemptuous and treasonous” as they held in abeyance the constitutional provisions and mandate by unconstitutional means, the petition acknowledged.
“Such blatant contemptuous conduct requires the initiation of proceedings under Article 6 and Article 204 of the Constitution ahead of all other actions.”
Hamza additionally highlighted that Punjab had been functioning with out an energetic authorities for practically a month now and pleaded the court docket to “end the constitutional crisis”.
“Article 199(1)(C) empowers this honourable court to enforce fundamental rights. The judicial branch has long been described as the ‘balancing branch’ and our courts are the balance wheels of our entire constitutional system,” he mentioned.
Subsequently, the CM-elect requested that his petition be taken up on the above talked about grounds within the curiosity of justice, fairness and in an effort to restore constitutional functioning of the province.
“Kindly direct the administration of oath to the chief minister-elect by a person nominated by this honourable court at the Governor House at a specified time and the coercive arm of the state be set in motion for implementation of the orders of this honourable court,” the petition prayed.
It added that the defiant angle of Cheema and President Alvi ought to be declared to be “utter and blatant violations of the Constitution”.