SC returns PTI’s plea against Mohsin Naqvi with objections

ISLAMABAD: The Supreme Court on Tuesday returned with objections the petition of Pakistan Tehreek-i-Insaf challenging the appointment of Mohsin Raza Naqvi as the Punjab caretaker chief minister.

Asad Umer as the PTI secretary-general had challenged the appointment of Mohsin Naqvi and the notification of National Assembly Speaker Raja Pervez Ashraf, declaring Raja Riaz Ahmed as the Leader of the Opposition in the National Assembly.

The PTI had filed the petition under Article 184(3) of the Constitution, making the Federation through the Ministry of Law and Justice, Election Commission of Pakistan (ECP) and Moshin Raza Naqvi as respondents.

It had asked the Supreme Court to rule that the notification issued by the election commission for the appointment of Mohsin Naqvi as caretaker chief minister of Punjab violated Article 224(3) of the Constitution and that he should be barred from selecting, appointing, or performing any function related to election issues until the outcome of the current petition.

Similarly, it had prayed the apex court to declare that the notification issued about declaring Raja Riaz as the Opposition Leader of the National Assembly was without lawful authority and of no legal effect.

The PTI had also requested that the Supreme Court find the election commission and its members guilty of violating constitutional and statutory requirements in appointing a caretaker chief minister in Punjab and that they be censored and held guilty of violating their constitutional position and committing misconduct. The Registrar of the Supreme Court on Tuesday returned the petition by raising objections, stating that the petitioner had not pointed out what questions of public importance in the instant case were involved concerning the enforcement of any rights guaranteed under the Constitution to directly invoke the jurisdiction of the Supreme Court under Article 184(3) of the Constitution. It further objected that the ingredients for invoking extraordinary jurisdiction over the apex court under Article 184(3) of the Constitution had not been satisfied. “The petitioner has not approached any other appropriate forum available under the law for the same relief and has also not provided any justification for not doing the same,” the Registrar’s office maintained.

It further objected that there was no proof or resolution to the effect that the petitioner was the secretary-general of Pakistan Tehreek-i-Insaf and filed the petition on behalf of the said political party. Likewise, the Registrar’s Office stated that the chief minister of Punjab has been impounded as a respondent; however, he cannot be impounded as a party under Article 248 of the Constitution.