The Lahore High Court (LHC) stated on Friday that postponing the assembly session until April 16 was against the Constitution in a detailed ruling on the election of the Punjab Chief Minister and the restoration of the Punjab Assembly deputy speaker’s powers.
The 31-page judgement was dubbed a judicial precedent by LHC Chief Justice Muhammad Ameer Bhatti, who added that the court will investigate every unconstitutional act by Punjab Assembly Speaker because the Constitution did not protect any ruling given by abusing power.
“The Supreme Court had also declared the National Assembly deputy speaker’s ruling null and void,” it pointed out and added that Parvez Elahi, being a candidate for the slot of Punjab Chief Minister, could not use the powers of Punjab Assembly Speaker.
“Before a vote of no-confidence against the deputy speaker, the election of Punjab Chief Minister is a priority. Till then, the no-confidence motion against him will remain pending,” said the verdict.
“The Punjab Assembly speaker cannot deprive or reduce the powers of the deputy speaker,” it added.
“The brawl on the Punjab Assembly premises was of minor type. Only a few chairs and tables were broken that could be repaired within four days. The assembly secretary did not ensure repairs to the broken chairs and tables before the filing of the appeal. It is very unfortunate on his part.”
The petition for cross-examination of Hamza Shehbaz and Punjab Assembly Deputy Speaker Dost Muhammad Mazari for recording a fraudulent affidavit was also denied.
The appeal against the transfer of Punjab Chief Secretary and Inspector General of Police (IGP) was also declared ineffectual.
The court further stated that the election of the Punjab Chief Minister shall be conducted in accordance with the law, with voting conducted in a dignified and honourable manner.
During an intra-court appeal against the reinstatement of the Punjab Assembly deputy speaker’s powers, a two-member LHC panel decided that no lawmaker should have any problem reaching the House.
“No disruption should take place whatsoever,” it added and also directed the Punjab inspector general of police (IGP) to provide foolproof security to all members of the Punjab Assembly.
During hearing of the appeal, Justice Shujaat Ali Khan questioned from Dost Muhammad Mazari whether Punjab Assembly Speaker could deprive him of his powers.
Dost Muhammad Mazari informed the LHC judge that the Speaker did not have the prerogative to deprive him of his powers.
At this, Justice Jawad Hassan remarked, “One can do whatever one wants. The Constitution stands by you.”
It is to be noted that Punjab Assembly Deputy Speaker Dost Muhammad Mazari, Punjab Assembly Secretary Muhammad Khan Bhatti, Punjab Chief Secretary Kamran Ali Afzal, and the IGP Rao Sardar Ali Khan had been made respondents in the appeal.
All of them appeared before the court.
The case was heard by a two-member LHC bench consisting of Justice Shujaat Ali Khan and Justice Jawad Hassan.
The court also reserved its decision on the intra-court challenges against the reinstatement of the Punjab Assembly deputy speaker’s powers after the lawyers for all parties finished their arguments.
