The Registrar’s Office of the Supreme Court on Tuesday rejected a petition filed by the Pakistan Tehreek-e-Insaf (PTI) challenging the appointment of Mohsin Naqvi as caretaker Punjab Chief Minister, citing “derogatory language” used in the petition. Several objections were cited, including .
The petition was filed by PTI General Secretary Asad Umar on January 27 and challenges the appointment of the interim Chief Minister as well as the appointment of Raja Riaz, Leader of the Opposition in the National Assembly and Election Commission of Pakistan (ECP) members. what was ).
The petition – filed under Article 184(3) of the Constitution – argued that Naqvi should not have any political, administrative or other powers to ensure the rule of law, functioning of governments, bureaucracy, requirements of law and/or the Constitution. No legal experience.
In a document released by the registrar’s office earlier today, the office observed that the petition is “not meritorious.”
The reasons given by the country’s highest judicial authority for returning the petition mostly cited technical issues that rendered the petition invalid.
The first point of concern raised by the Office of the Registrar is related to the Article under which the petition was raised.
Under Article 184(3), the Supreme Court, if it considers that a question of public importance is involved with regard to the enforcement of any of the fundamental rights, is empowered to refer any two or any of the two. can have original jurisdiction in the dispute. More governments.
However, the registrar’s office claims that the petition “does not identify which questions of public importance are immediately involved in the enforcement of any fundamental rights… Supreme Court” cited Under the Gaya Article.
Further, the notice issued claimed that since the notice sent to the respondent was “not properly drafted” – as it did not mention why it was being filed and Neither a copy of this application was served on the respondent – the application cannot be entertained. .
The High Court also contended that since no other forum capable of resolving the issue had been approached and PTI’s plea to avoid all other forums had not been substantiated, the court dismissed the application. forced to ignore.
Another problem is identified in the document regarding the procedure for filing such an application.
“The certificate provided on page 15 of this constitutional petition does not satisfy the requirements of Rule 6 of Order XXV of the Supreme Court Rules, 1980,” the document said on behalf of the Registrar, adding, “There is no evidence/decision that The petitioner is the General Secretary of Pakistan Tehreek-e-Insaaf and is filing the petition on behalf of the said political party.
Moreover, the petition filed by a senior PTI leader was also criticized for citing multiple issues in a single petition.
“A constitutional petition contains several misconceived prayers,” the Supreme Court document said.
Rejecting the application on other technical issues, the court order said that the application not only contained “foul language” but was also shown to unrelated parties, while the interim chief presented himself as respondent no.7. was done.
The document claims that “they cannot be made parties under Article 248 of the Constitution”.
The said article states: “The President, Governor, Prime Minister, Federal Minister, Minister of State, Chief Minister and Provincial Minister shall not be accountable to any court for the exercise of their powers and the performance of their duties.” concerned offices or for any work done or to be done in the exercise of these powers and in the performance of those functions.
Since the Constitution itself provides that the Chief Minister cannot be held accountable by a court, the inclusion of his name in the list of respondents rendered the petition null and void.
It may be recalled that the petition filed by the PTI on Friday claimed that the caretaker chief minister should have certain but essential intellectual and relevant experience as well as qualities that would ensure that the caretaker minister Be equipped with superior skills. Essential for the office of Chief Minister.
The PTI petition claimed that Naqvi’s lack of experience in the political, constitutional, bureaucratic set-up made his appointment dubious.
The petition also challenged the ECP and the manner in which it appointed Naqvi, saying that the electoral body did not provide its reasons for selecting Naqvi.
