-SC Bench observes Punjab Deputy Speaker’s ruling to be null & void
-Asks Hamza to vacate office immediately
-Terms Punjab Cabinet as dissolved
-Punjab Chief Secretary notifies Pervez Elahi as new CM
-Pervez takes Oath as CM Punjab at Presidency
-People throng roads to celebrate victory of justice across Country
-Strong backlash by coalition partners over SC judgment
-Imran welcomes verdict, thanks legal team
By Makhdoom
Shehryar Babar
ISLAMABAD: The Supreme Court on Tuesday declared Deputy Speaker Dost Muhammad Mazari’s ruling on Punjab chief minister’s election null and void and ruled that Pervaiz Elahi will be the new chief minister of the province.
A three-member bench comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial and Justices Ijazul Ahsan and Munib Akhtar announced the verdict after completion of the arguments on Punjab CM election case.
The apex court ordered the Punjab Governor Balighur Rehman to administer the oath to Elahi by 11:30pm. The SC also nullified all appointments made by ‘trustee CM’ Hamza Shahbaz.
In case the Punjab governor does not administer the oath to Elahi, President Dr Arif Alvi can do so instead, the court ruled.
Following top Court’s directions, Punjab Chief Secretary issued Pervaiz Elahi’s CM notification as Hamza Shehbaz was ordered to vacate the Chief Minister’s Office quickly.
Pervaiz Elahi, who bagged 186 votes against Hamza’s 179 votes, had challenged the ruling in SC after deputy speaker Mazari rejected 10 PML-Q votes for going against party chief’s directive.
During yesterday’s hearing, Punjab Assembly deputy speaker’s lawyer Irfan Qadir and the PPP’s lawyer Farooq H.Naek appeared before the court. The PPP and Mazari’s lawyers apprised the court about the decision of boycott of their clients.
CJP Justice Bandial in his remarks said the demand of formation of full court is a delaying tactic and said the full court will only be available in the second week of September.
He asked the parties boycotting the court proceedings to show some grace. The CJP said that “no legal” grounds were presented before the court; arguments were presented only regarding the party head’s directions; the court arrived at the conclusion that in the current case, there was no need for a full bench.
Meanwhile, the top court sought assistance on the matter relating to directions by the party head or a parliamentary party.
“Assist the court over the legal questions or we will set ourselves aside from the bench,” CJP Bandial told Barrister Ali Zafar, the counsel of Elahi.
Giving his arguments in the case, Zafar said that the petitions against the 21st Amendment were dismissed by a ratio of 13:4 in a full court.
Midnight, President Arif Alvi has administered the Oath to newly elected Punjab Chief Minister (CM) Chaudhry Pervaiz Elahi after Governor Punjab Baligh ur Rehman refused to do so.
Former Prime Minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan lauded the apex court after the three-member bench declared the ruling of the Punjab Assembly’s deputy speaker “illegal”.
Taking to Twitter, the Former Premier penned, “I appreciate our SC judges for standing firm and upholding the Constitution and law, against all manner of threats and abuse.”
He further thanked Barrister Ali Zafar and his team for fighting the PTI’s case in the top court. “I want to thank the people of Punjab for coming out in unprecedented numbers in by-elections against rigging,” wrote Khan.
“Tomorrow evening we will offer thanks to Allah & celebrate with all the people of Pakistan who have stood by us in our campaign for Haqeeqi Azadi, coming out in massive numbers to show support.” PTI and PML-Q supporters Tuesday poured out across the country to celebrate historic victory of justice.
The coalition government strongly responded to the Supreme Court’s verdict. Reacting to the decision, Prime Minister Shehbaz Sharif warned that the Constitution has entrusted state powers to the Parliament, administration, and the judiciary.
“The constitution has mandated all the institutions to work within the specified limits,” he wrote on Twitter, adding that the institution cannot interfere with the authority of another institution.
“We [Ruling government] will not compromise on the supremacy of the constitution and the parliament,” the premier wrote.
PM Shehbaz further added that equitable justice and the judiciary’s reputation demanded the formation of the full court so that the “justice would not only be done but also seen.”
“Supreme Court’s verdict has blown away the expectations of citizens, the legal community, petitioners,” he added.
“Judicial coup,” PML-N Vice President Maryam Nawaz said in a tweet, who had hours before the verdict asked the government to take a firm stand on the matter. She also termed the decision “the murder of justice.”
PML-N supremo and former prime minister Nawaz Sharif took to his Twitter to “salute the three judges”, who heard the case. “[Order] has made a mockery of Pakistan,” he wrote.
Former chief minister Punjab and PML-N leader Hamza Shahbaz expressed sorrow over the SC’s verdict, saying that the government elected by people’s votes was sent home through a “controversial decision”.
“Has the status of the assembly become a rubber stamp?” he questioned, adding that over the last four months, the biggest province of the country has become a “laughing stock”.
Hamza further added that “justice was killed” when the apex court rejected PML-N’s plea of forming a full bench.
“My politics is for the people and not for positions,” he said, adding that since he first took oath as the CM, “illegal” attempts were made to deprive him of governing the province.
