The Last Word

The PML-N has filed, for the third time, a petition in the Lahore High Court asking for someone to be deputed by the Court to administer the oath for Chief Ministership of the Punjab to Hamza Shahbaz Sharif. Earlier, the Lahore High Court had issued directions to the President and the Punjab Governor through their respective principal secretaries to administer the oath to the elected Chief Minister. When both demurred, the court instructed the Governor, if he was still reluctant to personally do the needful, to appoint someone, after consulting with the President, to perform the job.

The Governor has expressed strong reservations about the election held for the CM’s seat on April 16, and he is not prepared to administer the oath. And under the Constitution, the President and the Governor both enjoy constitutional immunity — ie. they cannot be proceeded against for contempt of court if they do not obey court orders. There has been a continuous exchange of letters between the Governor’s House and the President’s House following the court orders, but to date they are not ready to take any practical step in this regard.

Meanwhile, Speaker Punjab Assembly, and prime contender for the province’s Chief Ministership, Chaudhry Pervaiz Elahi is buying time, and trying hard to have the election held on April 16 for  the CM’S post declared null and void. He is also looking towards the ECP to decide the reference he has filed against party dissidents.

Meanwhile, the new federal government has reshuffled the important bureaucrats in the Punjab, including the entire staff of the CM’s Secretariat. Practically, Usman Buzdar is now caretaker CM Punjab, until a new CM takes over. But the bureaucracy in the province is now following Hamza Sharif’s instructions. On some issues, the top bureaucracy has, in fact, outrightly refused to obey the orders issued by the caretaker CM.

Earlier, in response to the petition filed by the newly elected Chief Minister Hamza Shahbaz, pleading that the court order the Governor to administer his oath following his victory in the election, the Chief Justice of the  LHC had directed the Governor to do his constitutional job, or write to the President to nominate someone in his place to perform this constitutional obligation. While that matter and its legal status remain inconclusive to date, despite the clear directions from the court, the Advocate General firmly believes the court cannot issue such directions to the Governor.

Due to this political standoff, the situation in the province is going from bad to worse. Governor Punjab Umar Cheema adamantly refuses to comply with Hamza Sharif’s demand and the court’s directions, and the Speaker, Punjab Assembly, Elahi has moved a reference against the 24 PTI dissidents who cast their votes for Hamza Shahbaz, asking the Election Commission for their disqualification.

As such, the province has been without either a Chief Minister or a government for the last 24 days. Clearly, after the mayhem witnessed in the Provincial Assembly on April 16, during the election for the Punjab Chief Minister, the province’s rival political forces are in no mood to allow the dust to settle. Rather, they are contributing in making matters even more complicated.

It may be mentioned here that though the Lahore High Court had issued specific instructions that the Deputy Speaker, Dost Mazari, would conduct the election for the Chief Minister’s seat on April 16, the Treasury benches had attacked the Deputy Speaker during House proceedings and forced him out of the chamber. Consequently, the provincial administration, including the IG Police and the Chief Secretary had to come to Dost Mazari’s aid, in deference to court orders. In this instance, the police had been conferred with the authority of Sergeant at Arms, with directions to enter the House and arrest those responsible for attacking the Deputy Speaker and causing hurdles in the election process.

Matters became more complicated when Governor Umar Cheema refused to administer Hamza Shahbaz the CM’s oath following a report from the Assembly Secretary that the said election was held in complete violation of law and must be declared null and void.

Replying to the  Assembly Secretary’s letter, the Principal Secretary to the Governor, Rashid Mansoor wrote to the Governor, rejecting the Secretary Assembly’s report and advising him the to administer the oath to the newly elected CM, or to appoint the Chief Justice of the LHC to perform the duty in his place, allowing for the continuation of the constitutional process.

Annoyed by the letter from his Principal Secretary, the Governor asked the Chief Secretary for his immediate replacement. The Chief Secretary refused to entertain his request on the pretext that the Principal Secretary had done nothing wrong.

Now the PML-N led federal government is trying hard to replace the Punjab Governor. PM Shahbaz Sharif recently met with President Arif Alvi in this regard. But legal experts maintain that a lengthy constitutional process is required to replace a sitting Governor on the advice of the Prime Minister. Currently, say legal experts, his replacement is not possible.

Given this situation, the PML-N is becoming increasingly desperate. If the Lahore High Court fails to resolve the impasse, it is expected that the situation will finally end up before the Supreme Court, and it will be left to that judicial house to make the final decision.