LHC turns down plea seeking PM Kakar's ouster
Pakistan
LHC turns down plea seeking PM Kakar’s ouster
LAHORE (Muhammad Ashfaq) – The Lahore High Court (LHC) on Monday disposed of a petition seeking removal of caretaker Prime Minister Anwaarul Haq Kakar from office for his “failure to carry out his constitutional duties”.
Justice Shahid Bilal Hassan of the LHC announced the verdict which court reserved earlier in the day after hearing the arguments from both sides.
Advocate Muhammad Muqsit, the petitioner, argued that the constitution provided that the caretaker government was only for 90 days. "The caretaker government has completed its 90-day tenure and the country is running without an executive," he submitted.
The petitioner said the caretaker prime minister had failed to fulfill his constitutional obligation by not holding elections in time. He had tarnished the sanctity of the office of the prime minister, Advocate Muqsit added.
“On Nov 15, the term of Mr Kakar expired and he is no longer caretaker prime minister,” the advocate continued.
He said neither the Election Commission of Pakistan (ECP) nor any constitutional court extended the caretaker prime minister's term. “I request the court to issue an order to remove the caretaker prime minister from office,” he pleaded.
During the course of hearing, the judge asked whether the court could give such an order to the caretaker prime minister.
The counsel for the government said Justice Raza Qureshi had already dismissed such a petition.
The judge explained that the case (the counsel was referring to) was about the caretaker chief minister and the Supreme Court had given a verdict.
He said election date had been announced on the order of the apex court and the caretaker prime minister had held out an assurance that he would ensure elections.
The government’s lawyer argued that there was no bar on a caretaker set-up beyond 90 days in the constitution. “How can a country run without an executive,” he asked.
At one point, the petitioner said he wanted that everything was done according to law.
The judge asked the petitioner why he did not move the Supreme Court for the case.
Advocate Muqsit said this was a case of serious nature and a media outlet also raised question over it. The reply riled the judge who said the media outlet in question was not a party to the case. He said he did not like the mention of the news organisation.
“Go and inquire why Pakistan was created and who was its architect,” said the judge while reprimanding the counsel for “beating about the bush”.
Justice Hassan exhorted the lawyer to speak about the constitution and law. Did you file the petition after doing homework, he asked.
The court reserved the verdict after the arguments and announced the decision after a couple of hours.
