Hamza’s election case: SC opinion will have retrospective effect, observes LHC

Hamza’s election case: SC opinion will have retrospective effect, observes LHC

Amir Riaz, Web Desk
June 29, 2022

Hamza’s election case: SC opinion will have retrospective effect, observes LHC

Justice Shahid Jamil Khan, a member of a Lahore High Court larger bench, on Wednesday observed that prima facie the opinion of the Supreme Court given on a presidential reference about the vote of defectors would have a retrospective effect.

“We have no other option but to implement the Supreme Court decision,” Justice Khan observed in response to the arguments of Advocate Mansoor Usman Awan, the lawyer of Chief Minister Hamza Shehbaz, who insisted that the opinion of the apex court could not be enforced retrospectively.

He further argued that the detailed decision by the apex court was yet to be issued.

The five-judge bench was hearing appeals of Pakistan Tehreek-i-Insaf (PTI), Pakistan Muslim League-Quaid (PML-Q) and Punjab Assembly Speaker Chaudhry Parvez Elahi against different single-bench decisions regarding the election and oath-taking of CM Shehbaz.

Justice Sadaqat Ali Khan heads the bench with Justice Shehram Sarwar Chaudhry, Justice Sajid Mahmood Sethi and Justice Tariq Saleem Sheikh.

The courtroom was packed to its capacity with lawyers and leaders of the opposition parties including former law minister Raja Basharat and former provincial minister Sibtain Khan, also a petitioner in the case.

Advocate General of Punjab Shahzad Shaukat also appeared before the bench.

Justice Shahid Jamil observed that the presidential reference about the interpretation of article 63-A of the Constitution was still pending when the election of the chief minister was held.

The judge also asked the counsel of Hamza to seek a review of the Supreme Court’s opinion if had an objection.

Barrister Syed Ali Zafar, on behalf of the appellants, argued that the opinion of the Supreme Court would apply retrospectively to the election of the chief minister held on April 16.

Justice Khan observed that now whole country knew the bench’s view on the implementation of the SC opinion on Article 63-A.

Mr Zafar said the chief minister lost the majority as the apex court ruled that the votes of the defectors were not to be counted. He pointed out that 25 MPAs had defected in the election of the chief minister.

Advocate Ahmad Awais, on behalf of President Dr Arif Alvi, argued that the order issued to the national assembly speaker for oath taking of the chief minister was illegal.

He requested the bench to set aside adverse remarks in the order of the single bench against the president and then governor of Punjab. He said the president and the governor were condemned unheard.

Justice Sethi also expressed his concern over the remarks against the president and the governor without hearing their view.

The bench adjourned the hearing till 12:30pm on Thursday (today) with a direction to the lawyers of the parties to come up with final arguments on the question of the effect of the Supreme Court’s opinion about the vote of the defectors.