Govt to file reference under Article 6 against President, Punjab governor, ex-PM for violating Constitution

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Punjab governor ignores LHC orders; refuses to administer oath to CM-elect Hamza Shehbaz

2022-04-29T05:18:13+05:00 Mubashir Hassan MATEEN HAIDER

| Names of former NA speaker, deputy speaker also included



 


ISLAMABAD/LAHORE   -  Pakistan Muslim League-Nawaz-led coalition government has decided to file a reference under Article 6 of the Constitution, against President Arif Alvi, former PM Imran Khan, former speaker Asad Qaiser former deputy speaker Qasim Khan Suri, and Punjab Governor Umer Sarfraz Cheema for violating the constitution, credible sources said on Thursday.


President Arif Alvi is being framed under Article 6 for violating the verdict of the Lahore High court, which ordered him to immediately direct the Governor to administer oath to Chief Minister-elect Hamza Shehbaz.


The other charge against the President would be the order of the dissolution of the National Assembly which he issued on the advice of the then PM Imran Khan. The ex-PM is also being framed in the reference for violating the Constitution in the political crisis which rocked the country early this month.


Former Speaker Asad Qaiser and former deputy speaker Qasim Khan Suri are also being framed in the reference for violating the constitution during a no confidence motion tabled against former PM Imran Khan in March this year. The Law Ministry is preparing a set of references which would be filed before the supreme court of Pakistan. Governor Umer Cheema is also being framed in the reference for violating the constitution by creating hurdles in the oath of CM elect Hamza Shehbaz.


The sources said the latest verdict of the Lahore High court had been received by the President Secretariat via fax and it is under study by the President, who according to sources is in touch with his legal team.


In a blatant disregard of the Lahore High Court order to administer oath to Chief Minister-elect Hamza Shehbaz Sharif, Punjab Governor Omer Sarfraz Cheema declined to do the needful citing constitutional impediments in the way of implementing the court orders.


The Lahore High Court had on Wednesday directed the Punjab governor to administer oath to the Chief Minister-elect Hamza Shehbaz by Thursday (12 midnight) as it ruled that any delay in this regard was against the spirit of the Constitution. The court had also sent copies of the decision to President Dr Arif Alvi directing him to implement the court orders through his nominee in the province.


The court had also ruled that the president could nominate someone else to administer the oath to the chief minister-elect if the governor was not available due to any reason.


In pursuance of the court orders of April 27, the president wrote a letter to Punjab governor directing him to act according to the Constitution and the law in the light of Lahore High Court decision.


In response to the president’s letter, the Punjab governor consulted his legal aides and wrote back to him stating that he could not implement the court orders due to some constitutional impediments. According to sources, the governor has sought interpretation of certain constitutional points hindering the implementation of the Lahore High Court order issued on April 27.


In his letter to the president, the governor has pointed out that the Lahore High Court order of April 22 and that of April 27 were contradictory in nature, and hence, he was unable to implement them. He is now awaiting guidance from the president in this regard, said the sources.


It may be recalled here that Lahore High Court had also directed the president and the Punjab governor in its order passed on April 22 to administer oath to Hamza Shehbaz Sharif. The governor had refused to obey this order on the plea that Hamza Shehbaz’s election was not conducted according to the law.


Hamza Shehbaz is without an oath for the last 13 days after his election by the Punjab Assembly on April 16. The election of the new chief minister was also held under the LHC orders in a stormy Punjab Assembly session which witnessed a lot of violence and chaos amid a heavy contingent of police.

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