Chief Justice Lahore High Court has said that there are disputes in assemblies all over the world but what happened to the Deputy Speaker on that day was tragic.
Chief Justice of the Supreme Court Amir Bhatti heard petitions filed by Pakistan Tehreek-e-Insaf (PTI) and PML-Q seeking annulment of election of Punjab Chief Minister Hamza Shahbaz.
Initiating arguments in the hearing, PTI lawyer Barrister Ali Zafar said that Article 63-A would be applicable from the past. I have given three judicial precedents.
He said that the constitution says whoever has a numerical majority will become the chief minister, the decisions of the speaker have constitutional protection, courts cannot interfere in parliamentary affairs.
He further said that during the election of the Chief Minister of Punjab, the Speaker exercised his constitutional powers, a petition was filed in this court on this issue and then an election was ordered to be held in an intra-court appeal.
He said that the courts can intervene only if there is malice in any action of the speaker.
Barrister Ali Zafar said that even before the interpretation of the Supreme Court, 63A was present and was applicable, now the Supreme Court has given a clear decision that the votes of deviant members will not be counted.
So now apparently no one has a numerical majority and according to Article 130 of the Constitution the Chief Minister should have a numerical majority, so the matter will again go to the election of the Chief Minister.
He said that 186 votes would have to be cast in the second round of voting.
Chief Justice Amir Bhatti asked what is the total number of members in the assembly?
Barrister Ali Zafar said that the assembly consists of 371 members, members of one political party are joining another party, the Supreme Court has stopped it.
Concluding his arguments, the PTI lawyer said that this is a historic case before the Lahore High Court, the whole country is looking at this court.
PML-Q lawyer Advocate Aamir, while initiating arguments, said that IG Punjab had admitted police in the assembly and he said that the court had given the order.
The lawyer added that the court had not issued such an order, adding that several members could not cast their votes due to police interference.
The Chief Justice said that everyone saw what happened in the Punjab Assembly, apparently the Secretary Assembly did not show his responsibility on this occasion.
The PML-Q lawyer said that the Deputy Speaker had met with the opposition.
The Chief Justice said that instead of answering my question, you are taking the matter to the other side. Everyone saw what happened with the Deputy Speaker on TV.
The court further said that it was the duty of the secretary assembly to prevent people from entering the assembly, adding that it was shameful to return to the assembly.
The Chief Justice said that there are disputes in the Assemblies all over the world but what happened to the Deputy Speaker that day was unfortunate.
He said that the Secretary Assembly is subordinate to the Speaker and Deputy Speaker, not the Speaker and Deputy Speaker to the Secretary.
He said that we also live in this society, everyone saw on TV what happened that day.
Advocate Azhar Siddique said that when the reference was pending in the Supreme Court before the election of the Chief Minister in the Assembly, the Supreme Court said that everyone has the right to vote but the consequences of 63-A will also have to be borne.
The court then summoned the lawyers of the parties for arguments and adjourned the hearing on the petitions till June 6.