CJ LHC Muhammad Ameer Bhatti orders governor to complete Punjab CM-elect Hamza Shahbaz’s oath-taking process by tomorrow
LAHORE, April 27 (SABAH): Lahore High Court (LHC) Chief Justice Muhammad Ameer Bhatti on Wednesday directed Punjab Governor Omar Sarfaraz Cheema to administer the oath to CM-elect Muhammad Hamza Shahbaz Sharif himself or appoint a nominee for the constitutional duty by tomorrow(Thursday).
The directive comes as the CJ LHC announced the verdict on chief minister-elect Hamza Shehbaz’s petition against the delay of his oath-taking, which the court ruled as “unconstitutional”.
Hamza Shahbaz was elected as Punjab’s chief minister on April 16. However, he hasn’t sworn in yet as his oath-taking was deferred twice despite the LHC’s directives for not delaying the matter any further.
The CJ LHC Muhammad Ameer Bhattii reserved the verdict on Hamza’s plea on Tuesday, which is the second time PML-N has reached out to the high court for the resolution of the matter.
The short order issued by CJ Bhatti on Wednesday stated: “It is, therefore, concluded that all the enabling provisions/Articles of the Constitution of Islamic Republic of Pakistan, 1973, suggest the prompt formation of Governments, i.e. Provincial and Federal. For that matter, expeditious administration of oath either by President or by Governor or their nominee, as the case may be, is mandatory; as all expected reasons/options causing delay are excluded/procured by suggesting/providing an alternate mechanism and I do not find any vacuum or space in the Constitution for causing any delay in the administration of oath required under Constitution.”
The verdict added that the province of Punjab is being operated without a functional government, for the last 25-days, since the acceptance of the resignation of the then Chief Minister Usman Buzdar while on the other hand, the oath of the newly elected chief minister, Muhammad Hamza Shahbaz Sharif is being delayed on one pretext or the other, which is not only against democratic norms but also against the scheme of the Constitution.
“That being the case, it is suggested/advised/proposed that Governor shall ensure the completion of the process of administration of the oath of Chief Minister Punjab, either himself or through his nominee, in terms of Article 255 of the Constitution, on or before 28.04.2022,” it added.
In the ruling, CJ LHC Muhammad Ameer Bhatti maintained that President Dr. Arif Alvi, who is also under constitutional obligation to facilitate the expeditious administration of the oath of prime minister or chief minister in any province, is suggested to play his role mandated by the Constitution/law, ensuring a functional provincial government in Punjab.
“The office of this Court is directed to transmit this order through fax immediately to the offices of the Governor and President for its placement before them, today.”
Hamza Shahbaz — who was elected as Punjab’s chief executive on April 16 during a provincial assembly session marred by mayhem — had approached the LHC on April 25 for the second time for its intervention regarding his oath-taking ceremony as the Punjab governor continued to refrain from administering oath to him, questioning the validity of his election, and President Alvi delayed the nomination of another individual to perform the duty, as directed by the high court earlier.
Hamza had argued that the president’s and governor’s non-compliance with the court order and Constitution regarding the administration of oath to him had “rendered them unable to discharge their constitutional obligation”.
He added that their “inability and unwillingness” was based on “sheer mala fide”, adding that nomination of another person to perform the duty was also being “withheld for irrelevant political considerations”.
The PML-N leader had also termed the “unconstitutional inaction” and non-compliance with the court order a “contraption of abuse of command of the Constitution and process of law”.
Subsequently, LHC CJ Bhatti took up the case on Tuesday and reserved its verdict.