LHC orders Punjab Governor to ensure CM-elect Hamza Shehbaz’s oath till April 28

LAHORE: Lahore High Court Chief Justice Muhammad Ameer Bhatti on Wednesday made another attempt to resolve looming constitutional crisis over non-functional Punjab government and advised the governor to ensure the completion oath taking process of chief minister-elect Hamza Shehbaz till April 28 by himself or though his nominee.

“It is suggested / advised / proposed that Governor shall ensure the completion of the process of administration of 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, “read the short order.

Chief justice Bhatti also suggested the President Arif Alvi to play his role mandated by the constitution/law, ensuring a functional Provincial government in Punjab as he is also under constitutional obligation to facilitate the expeditious administration of oath of Prime Minister or Chief Minister in any Province.

Read More: Punjab Assembly elects Hamza Shehbaz as new CM

The court further ruled that all the enabling provisions/articles of the constitution suggest 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 alternate mechanism, the Chief justice added.

“I do not find any vacuum or space in the Constitution for causing any delay in administration of oath required under Constitution. Whereas the Province of Punjab is being operated without the functional Government, for the last 25-days, since the acceptance of the resignation of the then Chief Minister Mr. Usman Buzdar.

The Chief justice observed that the oath of the newly elected Chief Minister, Punjab Muhammad Hamza Shehbaz Sharif is being delayed on one pretext or the other, which is not only against democratic norms but also against the scheme of the Constitution.

Read more: Punjab Governor refuses to administer oath to Hamza Shehbaz

Chief Justice directed his office to transmit this order through immediately to the offices of the Governor and President for its placement before them, today.
On April 22, Chief justice Bhatti had issued an order saying, “It is expected from the President of Pakistan that he will resolve /decode the matter of nomination of any person in terms of article 104 of the constitution keeping in view the fact that people of the province are already suffering on account of the nonfunctional provincial government for 21 days. However, the same was not implemented and Hamza again approached the LHC.

Governor Sarfraz Cheema had declined to administer oath to Hamza Shehbaz, expressing concern over the election process, which according to him, was not done in a transparent manner.