LAHORE:
Finally found a solution to the protracted problemJawad Hassan of the High Court of Lahore on Friday instructed National Assembly Speaker Raja Pervez Ashraf to swear allegiance to Punjab. Chief Minister- elect Hamza Shehbaz before 11:30 on Saturday (today)
Earlier, LHC Chief Justice Muhammad Amir Bhatti issued the order. twice. first was to appoint President Arif Alvi anyone for swearing allegiance to Hamza, but in in vain. second time, head of LHC justice advised the Governor of Punjab ensure oath-in of Hamza, but the constitutional obligation was not met.
It was for for the third time when the PML-N leader knocked out the doors of the LHC over not sworn in.
This time petitioner asked the LHC to “nominate any person” for administration of oath at the Punjab Governor’s House at specified time and force of coercion of state should be set in motion for implementation of the court orders.
Since the proceedings began on On Friday morning, Deputy Attorney General Mirza Nasar Ahmad objected to maintainability. of petition on on the ground that neither the president nor the governor had been accused of party to plea.
Lawyer Muhammad Azhar Siddique also objected to maintainability of petition with reference to articles 187 and 204 of Constitution.
He submitted that the applicants had lodged an internal complaint before division bench of TANK against decision, according to which the elections of Main minister was ordered.
He added that the defendants were not heard by the court in sentencing in violation of Article 10(A) of Constitution.
Judge Jawad asked Hamza’s lawyer Ashtar Ausaf why he did not file a contempt of court complaint. of court plea if, according to his position, the orders of the LHC were not carried out with. Osaf’s lawyer replied that his client had instructed him to file a case. of non-administrative of oath.
In connection with the repeated statement by Osaf’s lawyer that court orders are being violated and thrown in in air Governor of the Punjab as well as the President, Judge Jawad remarked: “It is a question of the honor of the court if its orders are not carried out.”
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Lawyer Ausaf, quoting past for example, he claimed that former prime minister should have lost his premiership in a contempt case when the country’s highest court awarded him a two-minute sentence.
When asked by the judge about who would suffer losses if there were no chief executive of province, Deputy Attorney general informed the court that prime minister sent advice three times to President Alvi asking him to appoint anyone for administration of oath.
During the disputes, lawyer Azhar Siddiq asked the court to draw up a larger bench for after hearing the case. He also objected that notifications were not sent in in first and second petitions of Hamza. Judge Javad noted that there was no need to form a larger bench.
Judge Javad asked Hamza’s lawyer why the governor was not made defendant in petition. Hamza counsel replied that the governor could not be made defendant.
deputy prosecutor general told the court that he was being forced to say nothing about the president. “I want to do this clear that I’m not know the president. I represent the federation and only the federation is my client.”
At the request of the court about the possibility of nominating the speaker or his deputy for Swearing in, deputy prosecutor general replied that the President of the Senate could be appointed after the President. “Any person, if appointed, may also perform in duty take an oath” added.
After hearing detailed arguments, the court first reserved my decision what happened next announced on Friday evening.
In its decision, the BAC noted: “While in its judgments, this court proclaimed the principles of binding law effect under article 201 of The constitution, which was ignored not only by the president of Pakistan, but also Governor of the Punjab, which led to the failure of its constitutional duty thereby violating article 5 read with articles 189 and 201 of Constitution, decision added.
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“Governor of the Punjab also failed exercise their powers and perform their duties, avoiding the administration of oath to the newly minted elected main minister thereby violating clear advice of this court will either take the oath itself or through its representative when drafting and interpreting Article 255. of Constitution.
“The word ‘impossible’ is used in Article 255 of The constitution makes it quite clear that the oath should be made to a specific person and in case where it is not possible for in reason it could be made before such person as may be appointed by that person.
“Both decisions of this court, despite the mandatory effect were deliberately ignored by the President of Pakistan, as well as the Governor of the Punjab. Governor by his behavior also myself made impracticable for vow to be made in front of him.”
By directions of LHC, competition for Chief ministerslot was held on 16 April. Hamza from PML-N was elected like Punjab CM by bags197 votes out of 371. Number of 197 is clearly above a simple majority, so petitioner was announced CM.
Since that day, the governor of the Punjab seems to be reluctant in swearing allegiance to Hamza.
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