A full bench of the Lahore High Court (LHC) headed by Chief Justice Syed Zahid Hussain disposed some identical petitions challenging governor rule in Punjab. The bench observed that proclamation challenged is revoked hence there remain no live issue and question of touching the vires of such a proclamation may well be considered in appropriate proceedings if and when such an occasion arises.
The bench said that the primary attack of the petitioners was qua the proclamation issued on February 25 last stood revoke by a later proclamation followed by summoning the Punjab assembly session for ascertainment of the MPA as chief minister who commands the confidence of the members.
The bench further held that the re-instatement of Shahbaz Sharif as Chief Minister Punjab by the Supreme Court was another event of great relevance and significance, which cannot be overlooked.
The bench observed that the course adopted by the court is quite instructive that pending litigation on the subject, the events having bearing on the subject matter can be taken notice of the court and disposed of the matter without embarking upon the academic issue of even high importance.
Earlier, Deputy Attorney General appeared before the bench and produced the notification of revocation of proclamation. He contended that the proclamation stand revoked and hence these petitions have become infructuous and the same should be dismissed accordingly.
The petitioners counsel was of the view that since constitutional issues were involved the court could hear and decide about the constitutionality and validity of the proclamation. He said if notification of revocation of proclamation was to be kept in view then the petition should be disposed of as having borne fruit.
The bench after hearing all the parties at length held that practice normally followed by this court is that when there remain no live issue or controversy, the court need not embark upon academic discussion and instead may dispose of the matter in the light of the changed prevailing events touching the subject matter of the cause.
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