LHC disposes of Elahi’s appeal against deputy speaker powers

A Lahore High Court (LHC) division bench on Friday disposed of intra-court appeals filed by Pakistan Muslim League-Quaid (PML-Q) and Speaker Punjab Assembly Chaudhry Pervaiz Elahi against LHC single bench orders of restoring powers of the Deputy Speaker Punjab Assembly. The bench declared that Deputy Speaker Punjab Assembly Sardar Dost Muhammad Mazari had right to preside over the session to be held on April 16 for election of the chief minister Punjab. The bench directed the Deputy Speaker to abide by his oath and conduct the elections of the chief minister in a fair, transparent and impartial manner as per the Constitution and rules. The bench further directed the Deputy Speaker to facilitate national and international media persons, observers and representatives of PILDAT and FAFEN during the election of the chief minister. The division bench comprising Justice Shujaat Ali Khan and Justice Jawad Hassan announced the verdict on the appeals. The bench had reserved the verdict on appeals after hearing arguments of the parties earlier in the day. During the proceedings, Deputy Speaker Punjab Assembly, Advocate General Punjab, Chief Secretary Punjab and Inspector General of Police Punjab appeared before the bench. Deputy Speaker Dost Muhammad Mazari argued before the court that the Punjab Assembly had been turned into “no go area”. The Deputy Speaker submitted that he summoned the session in view of the undertaking given in the Supreme Court. He submitted that he performed all functions as per law but the Speaker Punjab Assembly illegally withdrew his powers. However, a counsel on behalf of the PML-Q submitted that no undertaking was given in the Supreme Court which only heard the matter of the National Assembly. He submitted that the Deputy Speaker was adamant that he would preside over the session to be held on April 16 but he was no longer impartial. He submitted that the panel of chairmen could conduct the session in the circumstances. However, the Pakistan Muslim League-Nawaz’s counsel Azam Nazir Tarar argued that the advocate general Punjab had stated before the Apex Court that voting would be held on April 6. However, later, the media broadcast that the session had been adjourned till April 16. Azam Nazir Tarar stated that the opposition was not allowed to enter Punjab Assembly premises whereas the opposition held a symbolic session at a hotel and showed its power. He stated that the appellants had claimed that the Deputy Speaker had become controversial and a no-confidence resolution had been tabled against him. He submitted that no confidence resolution was also tabled against the deputy speaker National Assembly but he presided over the session. He argued that the Deputy Speaker was empowered to conduct the assembly session in absence of the speaker. At this stage, the Deputy Speaker requested the court to allow coverage of the sessions by the media, FAFEN and representatives of other organisations for making the same more transparent. Barrister Ali Zafar on behalf of Speaker Punjab Assembly Chaudhry Perviiz Elahi submitted that the Deputy Speaker could preside over the session in absence of the Speaker whereas the panel of chairman would run the session if the deputy speaker was also not available. He submitted that since the Speaker was also a candidate for the slot of the chief minister, and a no-confidence resolution had been moved against the Deputy Speaker, therefore, the panel of chairman could conduct the session in this situation. The PML-Q ‘s counsel argued that the courts could not interfere in the matters of the parliament and the single bench gave verdict against the facts. He submitted that Dost Muhammad Mazari was ineligible to preside over the session and the panel of chairman could only preside over the session as per law. The Inspector General of Police Punjab submitted that all measures had been taken for safe and smooth arrival of the assembly members whereas the internal security would be managed by the secretary assembly with the coordination of security staff. He further submitted that the police was ready to deal with any untoward incident. The Chief Secretary Punjab submitted that all departments had been asked to facilitate the election of the chief minister.