The Lahore High Court (LHC) adjourned the hearing of appeals against Punjab Chief Minister Hamza Shahbaz’s election till 12:30 pm tomorrow.
A five-member full bench headed by Justice Sadaqat Ali Khan heard the appeals of Chief Minister Hamza Shahbaz Sharif regarding the election on Wednesday, June 29.
The five-member full bench comprised Justice Sadaqat Ali Khan, Justice Shahid Jamil Khan, Justice Shahram Sarwar Chaudhry, Justice Muhammad Sajid Mehmood Sethi and Justice Tariq Saleem Sheikh.
Advocate General Punjab Shehzad Shaukat appeared on behalf of the Punjab government and Additional Attorney General Mirza Nasr Ahmed appeared on behalf of the federal government.
Imtiaz Siddiqui, Safdar Shaheen Pirzada advocates appeared on behalf of the appellants while Mansoor Usman Awan Advocate appeared on behalf of Punjab Chief Minister Hamza Shahbaz and Ahmed Owais Advocate appeared on behalf of the President.
The court asked Ahmed Owais Advocate if he would like to comment on the remarks made in the decision regarding the governor and the president.
Justice Sajid Mehmood Sethi said that suppose they also blow up the notification of oath? Then to the extent of remarks, the matter will remain?
To which, Ahmed Owais Advocate said that my request is that the remarks regarding the president and governor should be quashed. Justice Sadaqat Ali Khan asked what were the reasons for rejecting the remarks
Justice Sajid Mehmood Sethi said that you are trying to say that the Governor and the President have not been heard so these remarks should be quashed?
Justice Tariq Saleem Sheikh asked the president’s lawyer that Ahmed Owais will have to help the court without seeking any assistance from the court.
Justice Shahid Jamil Khan inquired whether the decision of the Supreme Court could be applied in the past. We will first hear the arguments of Hamza Shahbaz’s lawyer on the decision of the Supreme Court.
Barrister Ali Zafar said that it was my request to remove Hamza Shahbaz from office so I should be heard first.
Justice Shahid Jameel Khan remarked that now the whole of Pakistan has come to know that we have started applying the decision of the Supreme Court from the past, therefore, we will first listen to the lawyer of Hamza Shahbaz, you will only answer the court questions without giving arguments.
The court inquired whether the decisions issued under the jurisdiction of Article 186 of the Constitution could be applied from the past.
To this, Hamza Shahbaz’s lawyer took the stance that there are decisions of the SC which stated that that the principle that has been decided will be applicable in the future if a decision has to be applied from the past then Writing about the application from the past.
Justice Shahid Jameel Khan said that if any decision has been taken on the presidential reference which has not been applied in the past, cite it. Justice Sadaqat Ali Khan said that under the Constitution, the decision of the SC regarding deviant members is considered part of the Constitution.
Additional Attorney General Mirza Nasr Ahmed said that according to the decisions of American courts, court decisions apply from the present and the future. Now, you either suspend the proceedings in this court in the review petition in the SC. Do you want the matter to be adjourned till the decision of the review appeal filed against the presidential reference in the SC?
The lawyer representing Hamza Shahbaz said that my request is that the matter be put on hold. Justice Shahid Jameel Khan said that if we come to the conclusion that Supreme Court decisions can be applied from the past, then we will not delay.
He said that the PTI in its petition filed in the Supreme Court on April 14 did not indicate that the members of Punjab were deviating. Whether applied in the past or not, you have said the rest, complete the arguments, your time is up.
PML-Q lawyer Amir Saeed Ran Advocate said that the Deputy Speaker said in the report that he held the entire election on the order of the High Court. The High Court in its order did not say that the police should be called in the assembly.
Justice Shahid Jameel Khan said that these are controversial facts and we will not go into it. Can the governor ask for a report on the election?
Justice Shahid Jameel Khan while giving legal advice to Amir Saeed Ran Advocate said that withdraw this petition and it will be challenged in a good time.
We have been showing our minds since day one, we have not hidden anything.
Complete the arguments of Amir Saeed Ran and Azhar Siddique Advocate.
Justice Sadaqat Ali Khan inquired whether the Governor could convene and adjourn the Assembly session.
On which lawyer Hamza Shahbaz said that only the governor can convene the meeting and adjourn it indefinitely.
Justice Shahid Jameel Khan inquired whether the gallery was part of the chamber.
Justice Shahid Jameel Khan inquired whether there was any notification in which the gallery was declared a part of the chamber, how many votes were there, how many votes were to be cast.
Giving arguments in the court, the lawyer said that Deputy Speaker Punjab Assembly Dost Mohammad Mazari was attacked, the Deputy Speaker complied with the order of the High Court, informed the court about the commotion and that is why the court assisted the IG. Had ordered