LAHORE: The Supreme Court of Pakistan Saturday directed Chief Minister Punjab Hamza Shahbaz to work as a trustee CM till Monday (July 25) during a hearing on PML-Q leader Pervez Elahi’s petition against Punjab Assembly Deputy Speaker Dost Mazari’s ruling in the provincial CM’s election.
A three-member bench — headed by Chief Justice Umar Ata Bandial, and comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar —heard the case at the Supreme Court’s Lahore registry.
The apex court further directed Hamza to work in accordance with the law and the Constitution until then, adding that he was not allowed to use his power as chief minister in any way that would benefit him personally.
During the hearing, which was held via video link, the court asked Advocate General Punjab Shahzad Shaukat on what basis was he defending the ruling of the deputy speaker — who rejected 10 votes of PML-Q citing Article 63(A). The advocate general Punjab said that the case is being defended on the basis of the decision announced by the Election Commission of Pakistan.
Advocate Irfan Qadir — who is representing the deputy speaker — said that the Supreme Court in its decision taken on PTI’s petition regarding vote of defiant members had ruled that vote of dissident members would not be counted.
However, Chief Justice Umar Bandial said: “We would not reconsider the verdict announced on May 17 as it has not been challenged here yet.”
He said that the deputy speaker citing SC’s verdict did not reject PML-Q’s 10 votes therefore the defending advocate should only highlight the part where this has been written.
Addressing advocate Qadir he said that you are a senior lawyer and should know where the deputy speaker took reference for his ruling; the advocate, however, tried to defend the loopholes by saying that he was only appointed two hours before the hearing.
Adding to the argument, Justice Ijaz Ul Ahsan said asked advocate Qadir to read the para which was cited by the deputy speaker.
“According to Article 3(1)A, votes of dissident members would not be counted, this was the court’s investigation,” he read. To this Justice Ahsan said that this was the court’s verdict and not an investigation.
Advocate Qadir said that the deputy speaker considered it correct not to count PML-Q’s votes in the light of the Supreme Court’s decision, he thought that the party head is considered the parliamentary head of the party.
Justice Ahsan asked the advocate that for instance if the deputy speaker misunderstood the SC’s earlier verdict and what would be the outcome? Advocate Qadir said that there is no dispute on the facts; however, he cannot make a confession statements because of his fear of the court.
Barristers Ali Zafar, Imtiaz Siddiqui, and Safdar Shaheen Advocate have appeared on behalf of Elahi, while Advocate Mansoor Usman Awan was representing Hamza Shahbaz.
Deputy Speaker Dost Muhammad Mazari was being represented by Advocate Irfan Qadir.
Additional Attorney General Aamir Rehman and Advocate General Punjab Shahzad Shaukat had appeared for judicial assistance.
Among PTI leaders in the courtroom were Shah Mahmood Qureshi, Asad Umar, Fawad Chaudhary, Umar Ayub, Zulfi Bukhari, Sibtain Khan, Umar Sarfraz Cheema, Usman Buzdar and Andalib Abbas.
Further hearing will be held on Monday.
