ISLAMABAD: Islamabad High Court on Notice sent to Attorney General on Tuesday for Pakistan Ashtar Osaf Ali on application for restoration of sacked governor of Punjab Omer Sarfraz Cheema.
Three members more bench consisting of Chief Justice Athar Minallah, Judge Aamer Farouk and Judge Mohsin Akhtar Kayani took up Former governor’s statement
Lawyer Babar Avan, counsel for the petitioner argued in court that the governor’s removal had been determined in Constitution. He referred to paragraphs 3 and 4. of Article 101 in in this respect. While reading out paragraph 3, he claimed that the governor should “Keep office during the pleasure of the president [and shall be entitled to such salary, allowance and privileges the President may determine]”. In addition, he added paragraph 4 of Section 101 stated: “The Governor may writing under his arm in the name of the president, resign office”.
At this point Judge Minallah remarked that if the higher courts declared “pleasure” to be “inherited of colonial era” and that the governor as an agent of the president could not be removed in any other way then item 1 of Article 101 will become redundant.
The court, having heard the initial arguments of Mr. Awan issued a notice to AG and adjourned the hearing until Wednesday.
Published in Dawn, May 25, 2022
