Vote of defectors: No option but to implement SC decision, says Justice Shahid

LAHORE: A member of a larger bench of the Lahore High Court Justice Shahid Jamil Khan observed, “Prima facie the opinion of the Supreme Court about the vote of defectors would have a retrospective effect and we have no other option but to implement the Supreme Court decision”.

Justice Shahid Jamil Khan observed this in response to the arguments of counsel of Chief Minister Hamza Shehbaz, who insisted that the opinion of the apex court could not be enforced retrospectively.

Justice Shahid Jamil also 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 and asked the counsel of Hamza to seek a review of the Supreme Court’s opinion if he had an objection.

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

The bench hearing the 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 Hamza Shehbaz as Chief Minister Punjab, directed the lawyers of all the parties to conclude their arguments on the question of the effect of the Supreme Court’s opinion about the vote of the defectors till June 30 (today).

Barrister 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.

Ali 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.

Ahmad Awais advocate, on behalf of President Dr Arif Alvi, argued that the order issued to Speaker National Assembly 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 Sajjad Mehmood Sethi also expressed his concern over the remarks against the President and the Governor Punjab without hearing their view. The bench headed by Justice Sadaqat Ali Khan includes Justice Shehram Sarwar Chaudhry, Justice Sajid Mehmood Sethi and Justice Tariq Saleem Sheikh as other members.

Copyright Business Recorder, 2022