LAHORE, Oct 19: The Punjab government has decided to move in appeal against the Lahore High Court judgment through which it stopped the government advisers from working.
A senior Punjab law officer said that the government would move the LHC in an intra-court appeal seeking a fresh interpretation of Rule 6-A of the Punjab Rules of Business, 1974 . The ICA can be filed in a few days on the basis of the legal questions raised in the short order announced on Wednesday.
The government may not wait for a detailed judgment in the case for filing the appeal. The government can subsequently amend the appeal as and when the detailed judgment is made available.
Advocate-general Aftab Iqbal Chaudhry was in Islamabad on Thursday and it will be on his return to Lahore that the provincial government would take a firm decision when to move the LHC in an ICA.
Certain other sources understand that the Punjab government may move the Supreme Court directly in appeal. But this suggestion is being opposed by senior law officers who are of the opinion that the appeal should be filed before the LHC. However, the question of the forum for appeal would also be settled upon the return of the AG who is supposed to have consultation with senior government officers for the purpose.
Meanwhile, the Punjab government did not cancel notification of the appointment of 16 advisers on Thursday as directed by the Lahore High Court on Wednesday.
CONTEMPT: The Lahore High Court has issued a notice to respondent Jawwad Haider, a resident of Garden Town, directing him to submit his reply in a contempt of court petition filed by the City District Government against him on the plea that he had concealed secrets from the court for ulterior motives.
The court, which fixed Nov 11 as the next date of the hearing of an identical contempt of court petition filed by district nazim Mian Aamer Mahmood, also granted him the request for exemption from appearing in the court in person for one day. His counsel advocate Azam Nazir Tarar sought the exemption on the ground that the district nazim had to go to the US for a personal reason.
Mian Aamer and the CDG filed contempt petitions against Jawwad Haider to rebut his allegation in a contempt of court petition involving the district nazim and a former SHO of Garden Town police.
Haider submitted in his contempt petition that Mian Aamer and five officials of the City District Government and the local police had demolished his house, built on 16 marlas of land, at Garden Town despite a stay order from a civil court and the LHC directions that a status quo should be maintained.
He stated that CDG deputy directors Mohammad Aslam Gujjar and Usman Anwar and two police officials, including former SHO Abdus Shakoor, used bulldozers in demolishing his house although they were shown the stay order. The petitioner stated he had a dispute with another resident Abu Bakr over the property’s ownership and a civil court had issued a stay order in his favour.
In their contempt petitions the district nazim and the CDG submitted that Jawwad raised a structure on the state land after claiming that he was the allottee. This was incorrect as the Punjab Board of Revenue had issued him a letter that the allotment was yet to be decided. He moved the civil court showing him an allottee and obtained a stay order fraudulently and by concealing facts.