LHC orders NA Speaker to give oath to Hamza today

LAHORE: Lahore High Court’s Justice Jawad Hassan on Friday, while concluding the third petition of Hamza Shehbaz, directed National Assembly Speaker Raja Pervez Ashraf to administer the oath to Punjab Chief Minister-elect Hamza Shehbaz Saturday (today) at 11:30am.

The LHC announced the verdict on the third petition of Hamza Shehbaz, who had sought the court's directions to complete his oath-taking process. The judgment stated that both the decisions of this court despite having binding effect have been ignored deliberately by the President of Pakistan as well as by the Governor of the Punjab. The Governor through his conduct has also himself made impracticable for the oath to be made before him.

The judgment, while quoting different precedents, examined the Article 5 of the Constitution which cast upon a duty on every citizen to be loyal to the state. 

It stated that non-compliance of the Constitution and the law makes a citizen liable for action, in accordance with law. The government is bound to enforce fundamental rights. It said that non-enforcement of such rights of the citizens calls for the superior courts to issue directions to the federal as well as provincial governments to protect the life and property of all the citizens equally. It said that the word "inviolable" used in Article 5(2) of the Constitution means that it is never to be broken and infringed. The judgment stated that the Supreme Court of Pakistan had held that “it is expected from every citizen of Pakistan that he shall be loyal to the state and the basic duty of every citizen is to be obedient to the Constitution and law as ordained under Article 5 of the Constitution.”

"Respect for law is never maintained by force but by the appreciation of the reasons, appreciating its veracity and through obedience. Unfortunately, sometimes, the law falls in crisis due to misunderstanding or lack of vision."

Hamza had filed the petition in the court seeking directions to nominate a person due to defiant behavior of the President of Pakistan and Governor of the Punjab province. As the hearing commenced on Friday, Hamza Shehbaz’s counsel Khalid Ishaq alleged that the President and the Punjab Governor were blatantly violating the Constitution. Justice Jawad remarked that no one should have the audacity to disregard court's directives, as it concerns the respect of the high court and Pakistan’s judiciary. The judge said that he will make a constitutional decision.

The counsel for Hamza then argued that the elections of the chief minister were held on court orders but the Governor is refusing to administer the oath. To which, the judge questioned that why the petitioner had not made the President and the Punjab Governor respondents in the case. The counsel argued that there was no need to make them respondents in the case.

Meanwhile, Punjab Additional Advocate General Umair Niazi contended that proceedings could only move forward once the Punjab advocate-general was issued a notice under Article 27-A of the Constitution. Niazi made an argument that the Governor has sent the matter to the President and how the Governor can administer the oath when the matter is lying with the President. He informed the court that the Senate chairman could also administer the oath. However, he has been informed that the Senate chairman is not in the country, Umair said. He said that the President or the Punjab Governor could administer the oath or appoint a representative to do the same.

Hamza Shehbaz in his third petition contended that the conduct and actions of the Governor and the President were contemptuous and treasonous, as they held in abeyance the constitutional provisions and mandate by unconstitutional means. He stated that no heed has been paid to the direction issued by the constitutional court and the Governor and President are harping on the same loony tunes of their purported notions which have already been condemned and deprecated as transgression of constitutional mandate.

The petition added that such blatant contemptuous conduct requires the initiation of proceedings under Article 6 and Article 204 of the Constitution ahead of all other actions. Hamza said that the province has been functioning without a government.

The petition said that Article 199(1)(C) empowers this court to enforce fundamental rights. The judicial branch has long been described as the 'balancing branch' and our courts are the balance wheels of our entire constitutional system, the petition added.

Hamza implored the court to nominate a person to administer his oath. He also requested the court to declare defiant attitude of the Governor and the President as a constitutional violation.

Muhammad Saleh Zaafir adds: National Assembly Speaker Raja Pervaiz Ashraf will leave for Lahore today (Saturday) in the morning by a special aircraft to administer oath of the office to newly elected Punjab Chief Minister Hamza Shehbaz. The Punjab government has arranged the plane.

The sources told The News here Friday when NA Speaker was contacted by the authorities concerned , he agreed to travel to Lahore by train or road. He was requested to avail the air travel facility by the provincial government and he agreed to the same.