LAHORE: Lahore High Court (LHC) Chief Justice Muhammad Ameer Bhatti has expressed serious concern over fighting and scuffles in Punjab Assembly on the day of election of Punjab chief minister, observing that such incidents take place in the legislative assemblies but what happened with the deputy speaker of the provincial assembly.
The chief justice was hearing the petition seeking removal of Hamza Shahbaz from the office of Punjab Chief Minister. Advocate Amir Saeed Rawn, who was representing PML-Q leader Chaudhary Parvez Elahi and others, said that it was the Inspector General of Police (IGP) Punjab who led the police to the House. He said many members of the provincial assembly could not cast their votes.
At this, the CJ remarked, “Everyone saw on TV what happened there in the assembly. Apparently, the Secretary of the assembly did not perform his duties well”. The CJ remarked that bringing “taps” into the assembly was an awful act. Representing the PTI, Senator and Barrister Syed Ali Zafar argued that this would be a historic case in which the High Court had been called upon to decide. He said that the top court, through its judgement in the presidential reference, decided to eradicate defection from our political scene.
He contended that following this judgment, the Election Commission of Pakistan (ECP) had also fulfilled its role by declaring that the defectors were de-seated according to Article 63A. Barrister Zafar argued that the case before the court was now for the implementation of the Supreme Court judgment in which the Supreme Court had said that under Article 63A the votes of defectors were not to be counted and had to be disregarded.
Barrister Zafar said that by effectively excluding the votes cast by the defectors in the election of the Punjab chief minister, the court would drive the final nail in the coffin of defection. He told the court that any other decision of the court would again revive the cancer of defection and nullify the good work done by the Supreme Court and ECP in the earlier judgments.
Barrister Zafar said, “The election of the chief minister Punjab is privileged and its validity could not be examined by the High Court.” He pointed out that the Supreme Court of Pakistan in the judgement relating to the vote of no confidence had already pierced the firewall and decided that in case there is a constitutional provision, the court has the power to enforce it and the Speaker’s decision cannot stand in its way.
“An unconstitutional or illegal decision is not protected by the privilege of Parliament,” he said. The PTI’s counsel argued that LHC, in its earlier case, had decided the same thing when dealing with the election of the Chief Minister. Barrister Zafar pointed out that the division bench of the High Court also had very clearly directed the Deputy Speaker of the Punjab Assembly to conduct the elections of the chief minister strictly in accordance with the constitution. He argued that the deputy speaker, by accepting the 25 votes of the defected MPAs, acted unconstitutionally and contrary to the judgement of the Supreme Court and the court has full power to review the matter and exercise all powers under Article 199 of the Constitution.
PTI leader Fawad Chaudhary filed an application for early disposal of the petition in the Lahore High Court. After hearing arguments, Chief Justice Bhatti adjourned further hearing till June 6. Talking to the reporters, Fawad Chaudhary said that his party is ready to hold talks with the PPP and the PML-N but the election date should be announced. “We are ready to sit with the PPP and the PML-N but the election date should be announced,” he said, adding that they were not a militant party and never should be like that.
Notice to President, Governor through Secretaries issued: Also, the Lahore High Court on Wednesday issued notice to the President and the Governor through their secretaries on appeals against decisions allowing election and oath of Hamza Shehbaz as Punjab chief minister.
