Hamza seeks LHC’s intervention to hold Punjab CM’s election

LAHORE: The Lahore High Court (LHC) adjourned the hearing on pleas of Opposition Leader in the Punjab Assembly Hamza Shehbaz and Punjab Assembly Deputy Speaker Dost Muhammad Mazari till Monday.

The petitioners sought the judiciary’s intervention in holding the election for the chief minister’s office. LHC Chief Justice Ameer Bhatti headed the bench hearing the pleas. At the outset of the hearing, Senator Azam Nazeer Tarar maintained that the matter is a constitutional issue and the CM’s office cannot remain vacant for a single day.

At this, Justice Bhatti remarked: “This is the reason that the court took up the plea today [Saturday] after removing objections.” During the hearing, the counsel representing Mazari requested the court to issue a directive for Mazari to visit the assembly till the next hearing.

However, the LHC CJ adjourned the hearing till April 11, saying that the court will hear the case after receiving the assembly record. The CM’s office has been vacant for more than a week since ex-governor Chaudhry Muhammad Sarwar — who was removed from his position last week — accepted Usman Buzdar’s resignation on April 1.

Filing an appeal in court, Hamza made Punjab Assembly Speaker Pervaiz Elahi, Deputy Speaker Dost Muhammad Mazari, and Inspector-General of Police Punjab Rao Sardar Ali Khan parties.

The LHC’s registrar objected to admitting the plea citing Article 69, which restricts courts from interfering with the parliament’s business. Later, the matter was forwarded to LHC Chief Justice Ameer Bhatti, who admitted the plea.

Earlier, Hamza’s lawyer Tarar, told the LHC that the speaker was himself running the CM’s office, and on the other hand, the deputy speaker was working in line with the Constitution.

The LHC asked whether the petition could be set for hearing on Monday. At this, the lawyer said the province does not have a government for the last eight days. “Then where were you for the last eight days?” the LHC CJ asked.

Tarrar responded that he was busy in a Supreme Court case — where he was presenting the PMLN leadership. The SC gave a landmark judgment wherein it restored the NA and nullified the government orders from April 3-7.

The PMLN lawyer further stated that the advocate general of the province had assured the Punjab Assembly session would be called for electing the chief minister, but it was called on April 3 and adjourned till April 6.

“...and on the same days, the assembly secretariat — on the orders of Elahi — sealed the doors of the assembly,” he said, to which the LHC asked if the doors of the assembly are sealed, how would the court orders be implemented?

The speaker — a candidate for the CM’s post — had on April 6 barred members of the Punjab Assembly and media personnel from entering the building after the deputy speaker had summoned a session for the election of the CM. The security of the provincial legislature had also put up barbed wires at the main gate of the Assembly.

At this, Tarrar said the doors were closed “just for us” as the assembly’s staff members are being allowed inside. Following the brief arguments, the LHC CJ adjourned the hearing for a short period and summoned the advocate general.

Tarar, while speaking to the media outside the LHC after the hearing, said that Punjab’s affairs are being run without a CM for a week. He called for the immediate election of the CM under the law and Constitution.

“The candidate who is winning wants the election to be held at the earliest, while the one who is losing takes these kinds of steps,” he said.

In the petition, the opposition leader said the CM’s post remains vacant despite the passage of several days and urged the need to immediately elect someone to the position. “Assembly secretary and administrative officers are obeying the illegal orders of Pervaiz Elahi and the Punjab Assembly’s session is being delayed without any reason,” the petitioner said.

In the petition, Hamza said that under Article 130, the election for the CM cannot be delayed. He said the parties named in the case are not performing their duties in line with the law. “Therefore, the court should issue an order at the earliest and make the election possible,” he added.