Administer oath to Hamza by today, LHC to governor

LAHORE: Lahore High Court (LHC) Chief Justice Muhammad Ameer Bhatti Wednesday directed Punjab Governor Omar Sarfaraz Cheema to administer the oath to Chief Minister-elect Hamza Shehbaz himself or appoint a nominee for the constitutional duty by Thursday (today).

The directive comes as the LHC announced the verdict on CM-elect Hamza Shehbaz's petition against the delay in his oath-taking, which the court ruled as "unconstitutional". Hamza was elected as Punjab's chief minister on April 16. However, he hasn't been sworn in yet as his oath-taking was deferred twice despite the LHC's directives for not delaying the matter any further.

The LHC had reserved the verdict on Hamza's plea on Tuesday, which is the second time Pakistan Muslim League-Nawaz has reached out to the high court for the resolution of the matter.

The short order issued by LHC Chief Justice J Bhatti stated: “It is, therefore, concluded that all the enabling provisions/Articles of the Constitution of Islamic Republic of Pakistan 1973 suggest the prompt formation of governments, i.e. provincial and federal. For that matter, expeditious administration of oath either by president or by governor or their nominee, as the case may be, is mandatory; as all expected reasons/ options causing delay are excluded/ procured by suggesting/ providing an alternate mechanism and I do not find any vacuum or space in the Constitution for causing any delay in the administration of oath required under Constitution.”

The verdict added that the province of Punjab is being operated without a functional government for the last 25 days, since the acceptance of the resignation of the-then Chief Minister Usman Buzdar while, on the other hand, the oath of the newly-elected chief minister, Muhammad Hamza Shehbaz Sharif is being delayed on one pretext or the other, which is not only against the democratic norms but also against the scheme of the Constitution.

“That being the case, it is suggested/advised/proposed that Governor shall ensure the completion of the process of administration of the oath of Chief Minister Punjab, either himself or through his nominee, in terms of Article 255 of the Constitution, on or before 28.04.2022,” it added.

In the ruling, CJ Bhatti maintained that President Arif Alvi, who is also under constitutional obligation to facilitate the expeditious administration of the oath of prime minister or chief minister in any province, is suggested to play his role mandated by the Constitution/ law, ensuring a functional provincial government in Punjab.

“The office of this Court is directed to transmit this order through fax immediately to the offices of the Governor and President for its placement before them, today.” Following the verdict, Prime Minister Shehbaz Sharif said: “Worst among [Imran Khan’s] damaging legacy is blatant defiance [and] undermining of constitutional authority.”

“Unfortunate that from president to [deputy]/ speaker NA to governor [Punjab], those holding high offices have chosen blind loyalty to their leader [at the] expense of their constitutional responsibilities,” he wrote on Twitter.

Speaking to journalists after the verdict was announced, PMLN senior leader Atta Tarar reiterated that the governor has to administer the oath by Thursday, urging him to abide by the Constitution. “The governor was interpreting the Constitution on his own, which was declared incorrect by the court,” he said, adding that both the governor and President Arif Alvi violated the Constitution as they did not implement the order of the high court.

Now the governor is required to conduct the oath-taking ceremony as per the order of the court, he said adding the Punjab governor has made the Governor House a hotbed of conspiracies. He said that the court has urged the President of Pakistan to play his role in upholding the Constitution. “If the Constitution is violated and the law is not implemented, we will turn to the courts,” he contended.

“It is unfortunate that the president has not complied with the previous order of the Lahore High Court,” Atta Tarar said and concluded that advice has been sent to remove the governor from office so he should go home with dignity.

Meanwhile, Punjab Chief Minister-elect Hamza Shehbaz Sharif said that the president and Punjab governor should not tarnish history and follow the Constitution. “Do not become personal slaves of Imran Niazi,” he said while talking to the media outside the court here on Wednesday. He said there has been no chief minister of the biggest province for the last three weeks. He said the only person responsible for not taking his oath is the governor who is violating the Constitution. Pervez Elahi should understand that the politics of goons and sticks will not work, he said to a question. He further said that Imran Niazi was training the workers to attack the institutions.