The Lahore High Court (LHC) observed on Friday that postponing the assembly session until April 16 was against the Constitution in a detailed verdict on the election of the Punjab Chief Minister and the restoration of the Punjab Assembly deputy speaker’s powers.
The 31-page verdict was dubbed a judicial precedent by LHC Chief Justice Muhammad Ameer Bhatti, who stated that the court would review every unconstitutional act by Punjab Assembly Speaker because the Constitution did not protect any ruling issued by abusing power.
“The Supreme Court had also declared the National Assembly deputy speaker’s ruling null and void,” it stated, adding that Parvez Elahi, as a candidate for Punjab Chief Minister, was unable to use the powers of the Punjab Assembly Speaker.
“The election of the Punjab Chief Minister is a priority before a vote of no-confidence against the deputy speaker. The no-confidence motion against him will remain pending until then,” the verdict stated.
“The deputy speaker’s powers cannot be taken away or reduced by the Punjab Assembly speaker,” it continued.
“The brawl on the grounds of the Punjab Assembly was of a minor nature. There were only a few broken chairs and tables that could be repaired in four days. Before filing the appeal, the assembly secretary failed to ensure that the broken chairs and tables were repaired. It’s a terrible mistake on his part.”
The appeal for cross-examination of Hamza Shehbaz and Punjab Assembly Deputy Speaker Dost Muhammad Mazari for recording a false affidavit was also denied.
The appeal against the transfer of Punjab Chief Secretary and Inspector General of Police (IGP) was also declared ineffective.
The court also stated that the election of the Punjab Chief Minister should be conducted in accordance with the law, with voting conducted in a dignified and honorable manner.
During an intra-court appeal against the restoration of the Punjab Assembly deputy speaker’s powers, a two-member LHC bench ruled that no lawmaker should have any difficulty reaching the House.
“There should be no disruption whatsoever,” it added, and the Punjab Inspector General of Police (IGP) was directed to provide foolproof security to all members of the Punjab Assembly.
During the appeal hearing, Justice Shujaat Ali Khan asked Dost Muhammad Mazari if the Punjab Assembly Speaker had the authority to strip him of his powers.
Dost Muhammad Mazari told the LHC judge that the Speaker had no authority to strip him of his authority.
“One can do whatever one wants,” Justice Jawad Hassan remarked. “The Constitution is on your side.”
The IGP Rao Sardar Ali Khan, Punjab Assembly Deputy Speaker Dost Muhammad Mazari, Punjab Assembly Secretary Muhammad Khan Bhatti, Punjab Chief Secretary Kamran Ali Afzal, and Punjab Assembly Deputy Speaker Dost Muhammad Mazari were all named as respondents in the appeal.
They all appeared in front of 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 appeals against the restoration of the Punjab Assembly deputy speaker’s powers after the lawyers for all parties finished their arguments.
