Larger bench to hear PTI’s plea against Hamza’s oath

Published May 10, 2022
Hamza Shehbaz takes oath from NA Speaker Raja Pervaiz Ashraf on the grounds of Governor House in Lahore.—AFP
Hamza Shehbaz takes oath from NA Speaker Raja Pervaiz Ashraf on the grounds of Governor House in Lahore.—AFP

LAHORE: Lahore High Court Chief Justice Muhammad Ameer Bhatti on Monday constituted a five-member bench to decide an intra court appeal (ICA) filed by the Pakistan Tehreek-i-Insaf (PTI) challenging an order of a single bench for oath taking of Chief Minister Hamza Shehbaz.

A two-judge bench had taken up the appeal before Eidul Fitr holidays and referred the same to the chief justice with a request to constitute a larger bench comprising at least five or more judges considering important legal and constitutional questions raised in the appeal.

As an interim relief, the bench comprising Justice Sajid Mahmood Sethi and Justice Tariq Saleem Sheikh had suspended an observation of the single bench regarding the conduct of the president of Pakistan and governor of Punjab.

Justice Sadaqat Ali Khan would head the five-member larger bench with Justice Shahid Jamil Khan, Justice Shehram Sarwar Chaudhry, Justice Sajid Mahmood Sethi and Justice Tariq Saleem Sheikh.

The cause list of the larger bench is likely to be issued in a day or two.

Sibtain Khan and 16 other MPAs of the PTI filed the appeal though Advocate Azhar Siddique challenging the other day order by the single bench on a third petition of newly-elected chief minister Hamza Shehbaz against the delay in his oath taking by the president and the governor.

The appeal said neither the president and governor were impleaded as respondents in the constitutional petition, nor any notice of hearing was issued enabling them to controvert the contentions raised by the respondent (Hamza) by filing reply.

It said important legal and constitutional questions raised on behalf of the PTI regarding the maintainability of Hamza’s petition had neither been noted nor repelled with reasons in impugned judgment.

It argued that mandatory provisions of law were not complied with and the single judge passed the impugned judgment without due process guaranteed under Articles 4 and 10-A of the Constitution.

The appeal said for implementation of decisions passed in two previous petitions by Hamza fresh constitutional petition was not competent and remedy, if any, was by way of filing contempt petition under Article 204 of the Constitution.

It pleaded that the high court had no authority to nominate any specific person, including speaker of the national assembly, for administration of oath to the newly elected chief minister, thus the impugned judgment, being in violation of various provisions of the Constitution as well as applicable law, was unsustainable.

On this appeal, notices had already been issued to the attorney general of Pakistan and the advocate general of Punjab for their assistance by the two-judge bench.

Published in Dawn,May 10th, 2022

Opinion

Editorial

Business concerns
Updated 26 Apr, 2024

Business concerns

There is no doubt that these issues are impeding a positive business clime, which is required to boost private investment and economic growth.
Musical chairs
26 Apr, 2024

Musical chairs

THE petitioners are quite helpless. Yet again, they are being expected to wait while the bench supposed to hear...
Global arms race
26 Apr, 2024

Global arms race

THE figure is staggering. According to the annual report of Sweden-based think tank Stockholm International Peace...
Digital growth
Updated 25 Apr, 2024

Digital growth

Democratising digital development will catalyse a rapid, if not immediate, improvement in human development indicators for the underserved segments of the Pakistani citizenry.
Nikah rights
25 Apr, 2024

Nikah rights

THE Supreme Court recently delivered a judgement championing the rights of women within a marriage. The ruling...
Campus crackdowns
25 Apr, 2024

Campus crackdowns

WHILE most Western governments have either been gladly facilitating Israel’s genocidal war in Gaza, or meekly...