The Lahore High Court (LHC) on Friday ruled on a third plea by Punjab Prime Minister-elect Hamza Shehbaz to enforce an oath against him by a “court-appointed person” citing the president’s “rebellious attitude” withheld Arif Alvi and Provincial Governor Omar Sarfraz Cheema.
The court said in a statement on the same day that it was planning to issue a judgment.
At the beginning of the hearing, Judge Jawad Hassan questioned the order passed by LHC CJ. Afterwards, Hamza’s lawyer, Khalid Ishaq, read the order aloud and told the courts that the president and the governor of Punjab were blatantly violating the constitution.
Justice Hassan said no one should have the audacity to disregard a court order. “It has to do with the respect of the High Court and the Pakistani judiciary,” he said.
He added that he regrets that the two orders of the Supreme Court have not been implemented and that the decision will be made in accordance with the Constitution.
Hamza’s lawyer said the court had ordered the LHC to hold an election for prime minister. He added that the governor is refusing to take an oath to the next prime minister in violation of a court order.
After a brief break and as the hearings continued, Judge Hassan asked why the petitioner had not made the president and the governor of Punjab the defendants in this case. Hamza’s defense attorney replied that there was no need to make him a defendant in the case.
Meanwhile, Punjab Attorney General Umair Niazi argued that under Article 27-A of the Constitution, the Punjab Attorney General must be notified before proceeding with the proceedings.
“The governor of Punjab has sent the matter to the president. How can he enforce the oath when the matter is with the president?” he asked.
He told the court that the chairman of the Senate could enforce the oath. But, according to my information, he is not currently in the country,” he added. He added that the president or the governor of Punjab could execute the oath or appoint a representative to do the same.
At the hearing, the court upheld the petitions of 17 Punjab lawmakers who were parties to the case. After hearing the pleadings, the court withheld the verdict.
Hamza files third petition
Hamza, who was elected as Punjab’s chief executive at a riot-mattered provincial council meeting on April 16, asked the LHC to intervene in his oath process while the governor of Punjab refrained from continuing to swear to him. This is the third time. His election is in effect and President Alvi has not yet nominated another individual to perform his duties as previously directed by the High Court.
In a petition filed on Friday, Hamza claimed that the governor and president had demonstrated that they were “driven by whims and fantasies instead of laws and constitutions” by refusing to comply with court orders in two previous petitions.
The PML-N leader first approached the courthouse after Cheema refused to take an oath to him. After hearing the pleadings, the court ordered Albi to appoint a representative to administer the oath in the absence of the governor.
However, after a further delay by the president, Hamza moved the court back on April 25. This time he asked the LHC to direct Senate Chairman Sadiq Sanjrani to take the oath on him. In his judgment, LHC CJ Ameer Bhatti instructed Governor Cheema to complete Hamza’s oath process by April 28.
In the third petition submitted today, the CM-elect said: “He violated his constitutional obligations,” he said.
The petition said the actions and actions of the Governor and the President were “offensive and treasonous” because they violated the provisions and powers of the Constitution by unconstitutional means.
Such blatant insults should take precedence over all other acts according to Articles 6 and 204 of the Constitution.”
Hamza also emphasized that Punjab has now been operating without an active government for nearly a month and appealed to courts to “end the constitutional crisis”.
“Section 199(1)(C) authorizes this honorable court to enforce fundamental rights. The judiciary has long been described as a ‘balancing department’ and our courts are the balance wheel of the entire constitutional system,” he said. .
Thereafter, the CM-elect requested that his petition be granted on the grounds mentioned above for justice, equity, and to restore the state’s constitutional functions.
“At the appointed time at the governor’s house, this honorable court-appointed person directs the incoming Prime Minister to execute the oath, and let the coercive arms of the state be mobilized to carry out the orders of this honorable court,” he prayed.
He also added that Cheema and Alvi’s defiant attitude should be declared “a total and outright violation of the Constitution”.