April 28, 2022
LAHORE: Following the verdict of the Lahore High Court (LHC), the newly elected Chief Minister Hamza Shahbaz will be sworn in today (Thursday), Geo News reported.
A day earlier, the LHC had given a brief verdict on Hamza’s petition against the delay of his oath-taking, which the court ruled as "unconstitutional".
LHC Chief Justice Muhammad Ameer Bhatti directed Punjab Governor Omar Sarfaraz Cheema to administer the oath to CM-elect Hamza Shahbaz himself or appoint a nominee for the constitutional duty by today.
It is worth mentioning that Hamza was elected as Punjab's chief minister on April 16. However, he hasn't sworn in yet as his oath-taking was deferred twice despite the LHC's directives not delaying the matter any further.
The short order issued by CJ Bhati had stated: “It is, therefore, concluded that all the enabling provisions/Articles of the Constitution of Islamic Republic of Pakistan, 1973, suggest the prompt formation of governments, i.e. provincial and federal. For that matter, expeditious administration of oath either by President or by Governor or their nominee, as the case may be, is mandatory; as all expected reasons/options causing delay are excluded/procured by suggesting/providing an alternate mechanism and I do not find any vacuum or space in the Constitution for causing any delay in the administration of oath required under Constitution.”
Watch: Maryam Nawaz in tears after Hamza Shahbaz gets 'elected as CM Punjab'
The verdict added that the province of Punjab is being operated without a functional government, for the last 25-days, since the acceptance of the resignation of the then Chief Minister Usman Buzdar while on the other hand, the oath of the newly elected chief minister, Muhammad Hamza Shahbaz Sharif is being delayed on one pretext or the other, which is not only against democratic norms but also against the scheme of the Constitution.
“That being the case, it is suggested/advised/proposed that Governor shall ensure the completion of the process of administration of the oath of Chief Minister Punjab, either himself or through his nominee, in terms of Article 255 of the Constitution, on or before 28.04.2022,” it added.
In the ruling, CJ Bhatti maintained that President Arif Alvi, who is also under constitutional obligation to facilitate the expeditious administration of the oath of prime minister or chief minister in any province, is suggested to play his role mandated by the Constitution/law, ensuring a functional provincial government in Punjab.
“The office of this Court is directed to transmit this order through fax immediately to the offices of the Governor and President for its placement before them, today.”
Read more: Court to indict PM Shehbaz, CM-elect Hamza on May 14