PML-Q challenges LHC decision about PA deputy speaker’s powers

Lawyers of appellant say Mazari cannot conduct proceedings of house as no-trust motion has been submitted against him

The Pakistan Muslim League-Quaid (PML-Q) has filed an intra court appeal in the Lahore High Court (LHC) challenging a single bench decision regarding the restoration of powers of Punjab Assembly Deputy Speaker Dost Muhammad Mazari.

The PML-Q leader Kamil Ali Agha moved the appeal through Advocate Amir Saeed Rawn and Advocate Safdar Shaheen Pirzada and submitted that the decision of the LHC single bench regarding the powers of the deputy speaker was against the law. The interpretation of the law was done wrong, said the appellant.

The appellant submitted that the chief justice in its decision violated the Rules of Business of the provincial assembly and ignored the constitution by restoring the powers of the deputy speaker.

The PML-Q said that allowing Mazari to conduct the proceedings of the house was against the law. The party through its leader also contended that the act of Deputy Speaker Dost Muhammad Mazari of filing a petition in the Lahore High Court was against the law. The proceedings of the assembly under the law could not be challenged before the court.

The appellant asked the court to set aside the verdict of the single bench in which the powers of the deputy speakers were restored, and implementation on the order of the Lahore High Court Chief Justice should be stopped till the disposal of the appeal on the subject matter.

The appeal came after LHC Chief Justice Muhammad Ameer Bhatti restored the powers of Punjab Assembly Deputy Speaker Dost Muhammad Mazari and allowed him to conduct the proceedings of the house regarding the election of the next chief minister of Punjab.

The appeal has been fixed before an LHC division bench headed by Justice Shujaat Ali Khan who will hear it today.

“Impugned order dated 06.04.2022 in Writ petition No. 21711/2022, whereby the powers of the deputy speaker in terms of Rule 25 of the Rules of Procedure were withdrawn, being contrary to Article 53 (3) of the Constitution by virtue of which Deputy Speaker in absence of the Speaker attained the status of Speaker for this Session, completely overriding the powers provided in Rules, is hereby set-aside,” ruled CJ Bhatti in a three-page short order.

In a three-page short order, the CJ directed all the parties in the case to fulfil their duties by ensuring impartiality and completing the voting process under the law.

The chief justice also directed the Punjab Assembly secretary to complete the renovation work of the provincial assembly before 11:00 pm on April 15 and make it available for use for the honourable members of the provincial assembly on April 16 in a respectful manner.

Hamza Shehbaz asked the court to direct the authorities for the election of Punjab chief minister while Dost Muhammad Mazari challenged the decision of the speaker regarding withdrawal of his powers and sought opening of his office while Kamil Ali Agha asked the court to stop Mazari from conducting the house as a no-trust-motion was moved against him.