IHC issues notice to AG on sacked Punjab governor’s plea

Published May 25, 2022
Omar Sarfraz Cheema. — Photo courtesy Twitter/File
Omar Sarfraz Cheema. — Photo courtesy Twitter/File

ISLAMABAD: The Islamabad High Court on Tuesday issued a notice to Attorney General for Pakistan Ashtar Ausaf Ali on a petition seeking reinstatement of sacked governor of Punjab Omer Sarfraz Cheema.

A three-member larger bench comprising Chief Justice Athar Minallah, Justice Aamer Farooq and Justice Mohsin Akhtar Kayani took up the petition filed by the ex-governor.

Advocate Babar Awan, the counsel for the petitioner, argued before the court that governor’s removal was defined in the Constitution. He referred to clauses 3 and 4 of Article 101 in this regard. While reading out clause 3, he argued that the governor should “hold office during the pleasure of the President [and shall be entitled to such salary, allowance and privileges the President may determine]”. Also, he added, clause 4 of Article 101 stated: “The governor may, by writing under his hand addressed to the President, resign his office.”

At this point, Justice Minallah remarked if the superior courts declared the “pleasure” as “legacy of colonial era” and that the governor being an agent of the president could not be removed in any other way, then Clause 1 of Article 101 would become redundant.

The court after hearing initial arguments of Mr Awan issued a notice to the AG and adjourned the hearing till Wednesday.

Published in Dawn, May 25th, 2022

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