LAHORE: The PTI’s “change of heart” on caretaker set-ups both in Punjab and Khyber Pakhtunkhwa has created quite a stir in legal circles who say the party cannot morally, if not legally, withdraw a name it agreed upon after proper consultation process.

The PTI, which is ruling KP, had earlier backed out of the nomination of Manzoor Afridi as KP caretaker chief minister and on Wednesday it took a similar U-turn in Punjab where it retracted its declared agreement with the ruling PML-N on Nasir Mahmood Khosa as interim CM.

PTI-backed Opposition Leader in Punjab Assembly Mahmoodur Rashid said he had given his consent in “confusion”.

Punjab Law Minister Rana Sanaullah says it’s not a children’s game that you agree on a name after properly consulting your leadership and then go back on your word on the pretext of being confused.

“Once completed, the consultation process cannot be re-started,” he argues.

Rana Sana’s views are seconded by former advocate-general Dr Khalid Ranjha and Advocate Shahzad Shaukat.

Dr Ranjha says that as the constitutional process for consultation between the leader of the House and opposition leaders on caretaker set-up stands complete leading to announcement of the same at a joint media briefing, the PTI cannot legally go back on its word and demand re-opening the process.

Senior advocate Shahzad Shaukat endorses Dr Ranjha’s views and says the PTI is left with no justification to withdraw the name and it deserves no legal right to claim re-beginning of the consultation process.

Former attorney general Irfan Qadir, however, disagrees with the view that the caretaker’s name cannot be changed. “The man has just been designated and not formally notified. Therefore, [his] nomination may be withdrawn at any time before a formal notification though it may not be morally a good step.”

Mr Shaukat challenges the argument that the name once finalised may be changed before it’s officially notified.

“It’s a mockery of the law that you give your consent on one thing and then go back on the same at the eleventh hour. If the precedent is set the next time both sides will drag the issue until when time is left only for typing and signing [by governor in case of provinces] the notification.”

Saad Rasool, another senior advocate, says that just as you hold repeated consultative meetings when you fail to reach a consensus name, there is neither any harm nor any legal bar if you re-open the consultation process after you have built consensus on a name.

All these law experts are unanimous on the view that a new name for the caretaker is a must because Mr Khosa himself would most likely decline to take the charge as a controversial personality.

If the government refuses to re-start the consultation process and there’s a deadlock over the issue, it will go to the Election Commission for naming a caretaker chief minister, they add.

Mr Shaukat counsels the PML-N to stick to its stance and let the PTI seek a legal recourse.

Published in Dawn, May 31st, 2018