PTI chairman Imran Khan on Tuesday urged the Supreme Court to consider what he described as a “clear violation” of the Constitution and the law in Punjab after a nighttime government announcement saw Omar Sarfraz Cheema removed as provincial governor.
In a statement, Imran demanded that the high court “take immediate notice of violations of the unconstitutional constitution and the law of the Punjab”.
His statement comes hours after the federal government issued a notice earlier in the day on Tuesday, on the heels of a “strong rejection” of President Arif Alvi’s summary demanding that Cheema be removed from the governor’s office.
“The imported dolls are stirring up a constitutional uproar and chaos in the Punjab,” Imran said. “First, the crime pope was forced into the province as prime minister by ghost elections. Now, to set aside all constitutional requirements, the presidency is insulted.”
He criticized what he called the shameful attempt to oust the governor of Punjab for insisting on defending the Constitution.
The former prime minister said the “outright violation” of the Constitution in Punjab was viewed as “silent,” and that the Supreme Court should take into account the situation, due to its sensitivity.
Notice of Cheema names ‘unconstitutional’
Meanwhile, Omer Sarfraz Cheema rejected the Cabinet’s announcement of his removal, saying it was “unconstitutional”.
On Twitter, Cheema said the president had rejected the summary on the grounds of “unusual” circumstances, and that the Cabinet’s “unconstitutional” notice had been issued.
He added that he was consulting with constitutional experts and would soon announce his approach.
Hamza’s election and oath
Cheema’s removal as governor of Punjab follows a long-running saga that focused on elections and the subsequent swearing-in of Punjab Prime Minister Hamza Shehbaz.
Hamza was elected chief of state on April 16, in a session of the Punjab Assembly that was marred by violence and unrest. His oath, however, was delayed for weeks as Cheema refused to take the oath of allegiance to him, criticizing the integrity of his election.
After that, Hamza went to the Lahore High Court (LHC) several times – first on April 21 – and sought to intervene in the matter. The court then ordered President Alvi to appoint an attorney who would administer the oath of office in the absence of the governor. But the president’s delay in following the court order saw Hamza return to court on April 25. This time, he asked the LHC to order Senate Chairman Sadiq Sanjrani to take the oath of office, after LHC Chief Justice Ameer Bhatti had ordered it. Cheema completes Hamza’s swearing-in ceremony on the 28th of April.
When the president and governor failed to comply with court orders, Hamza filed a third LHC intervention on April 29. The court then ordered the Speaker of the National Assembly Raja Pervaiz Ashraf to take the oath of office, Hamza, who was sworn in as President. Punjab CM the next day.
Hours before Hamza took the oath of office, Cheema announced that he had revoked Hamza’s resignation, Usman Buzdar – who resigned as provincial governor on March 28 – said it was “unconstitutional” as Buzdar had stated his resignation. The prime minister was then Imran Khan, but was welcomed by Cheema predecessor Chaudhry Sarwar. Cheema later called Hamza a “fake prime minister” and joked about his “unconstitutional” oath.
PTI also challenged Hamza’s election to LHC.
Summaries of Cheema removal
The series of events, which has driven the province into a constitutional crisis, is linked to reports that a coalition government, led by Hamza’s father Shehbaz Sharif, was seeking to oust Cheema.
Finally, PM Shehbaz sent a summary of Cheema’s removal from the presidency on April 17, while Cheema argued that the prime minister has no authority to oust him and only the president can do so.
In that summary, PM Shehbaz had nominated Makhdoom Ahmad Mahmood of PPP as governor of the Punjab. However, when President Alvi returned the summary after holding it for 15 days without a decision, the prime minister re-approved the proposal on May 1, calling for Cheema’s removal and the appointment of a reliable PML-N in Bahawalpur, Balighur Rehman, in his place.
The president, however, rejected the second summary and referred to the prime minister that the governor could not be removed without his consent and would continue to “hold office during the presidential pleasure” in accordance with Article 3 of Article 101 of the Act. Constitution.
“He has written that the current governor cannot be removed as there is no charge of misconduct or conviction of any court of law or any act committed by him in violation of the Constitution of Pakistan,” he said.
According to a It was morning Reportedly, the PTI camp believes that the Constitution is clear in terms of Article 101 (3) read with Article 48 (2) that “the president shall act at his discretion in any matter authorized by the Constitution to act on his decision. do so “.
Cheema also relied on articles 101 (3) and 48 (2) which he referred to in several tweets, saying that the implementation of the prime minister’s directive automatically begins after the deadline for the president to expire. , but not in the case of the removal of the governor.
According to the Constitution, a president can hold a summary submitted by the prime minister for 14 days without a decision. At the end of this period, the prime minister may reconsider his position on the matter and the president may suspend his decision for another 10 days. After this time, the governor will be removed and the prime minister authorized to appoint a new governor.
While the dispute continued over the issue, Cheema was removed from office, with a Cabinet announcement last night stating that Cheema had resigned on the recommendation of the prime minister, which was sent to the president on April 17 and re-sealed on 1 May.
The notice further states that the speaker of the Punjab Assembly shall perform the duties of governor until the appointment of a substitute, in accordance with Article 104 of the Constitution. This development not only changes the situation in the House of Governors, but also in the Punjab Assembly as Speaker Chaudhry Parvez Elahi will have to resign from his post to act as acting governor, and Deputy Speaker Dost Muhammad Mazari was said to be leaning towards the PML-N.
Both the speaker and the deputy speaker are facing charges of mistrust of the House.
Cheema is afraid of being attacked
Prior to Cheema’s removal, Interior Minister Rana Sanaullah had advised him to return home respectfully and to ensure that he, along with President Alvi, did not engage in anything that would lead to “public outrage” in the coming days.
“The president is obliged to take the advice of the prime minister, and any deviation will be tantamount to violating the Constitution,” he said.
Following Sanaullah’s warning, Cheema has taken to Twitter saying the “Sicilian mafia” was ready to attack his office with a summary and unconstitutional notices.
In a tweet later that night, he wrote: “The shocking and disturbing reports of the state attorney and the minister of the interior may lead to civil war. Both have proven themselves to be royalty, giants of Raiwind palace. ”
He went on to say that he was able to control the situation when the Governor of the House was “arrested”, but warned that the “attack” again the results would be different and a civil war could break out. Cheema went on to say that the prime minister, the interior minister, the attorney general and the “illegal” prime minister of Punjab would be held accountable in such a case.