LAHORE: Punjab Governor’s Ordinance Places Provincial Assembly Under Law secretary came under legal scrutiny and was declared “illegal” as house still in session when the decree was issued.
Legal eagles and veterans versed in parliamentary procedures argue that the postponement and challenge session for representing Punjab budget in Ivan-i-Iqbal, notified by law to the secretary had no legal effect.
They are also claim that secretary given orders for call of the 41st session even before the governor’s ordinance had been notified, therefore had no legal effect.
Two parallel 41st sessions are currently taking place. in progress — one chaired by PA speaker Parvez Elahi on assembly rooms on requisition of opposition, and another convened by the Governor under the chairmanship of Deputy Speaker Dost Muhammad Mazari at Ivan-i-Iqbal, where budget for 2022-23 has been presented and will be discussed on from Saturday (today).
Dawn sent a questionnaire to the Minister of Justice Ahmad Raza Sarwar on whatsapp about how The resolution may be issued when the meeting was in session on June 14 and 15; how in secretary may delay and cause session since power lied with Assembly secretary in accordance with the Punjab Assembly Rules; as well as how it can cancel the build rules.
However, Mr. Sarwar chose to remain silent and did not even answer repeated calls.
Meanwhile, news the issue issued by the speaker of the assembly stated that the custodian of in house called next assembly session (presumably 41st) on requisition of opposition on June 15th.
Lawyers and parliamentarians recognized that the vocation of in new session was tantamount to accepting the governor’s order to extend the period notified by law secretary.
speaker also declared in in news announce that the ordinance promulgated by Governor Baligur Rehman – Punjab Laws (Repeal and Removal of of Difficulties) Decree 2022 to limit the powers of the speaker and empower Punjabi law and parliamentary affairs department in issue call or snooze notifications of Punjab Assembly – was annulled by a unanimous resolution passed under Article 128(2)(i) of Constitution.
Speaker Parvez Elahi retained the power to suspend and/or call the meeting. session rested with Punjab Assembly secretary.
He stated that the assembly secretary gave orders on from June 14 to call a session in next day and session was held in Assembly building according to schedule.
“Assembly session called differently than one in The Houses of Assembly do not have legal and constitutional cover,” said the speaker and added what session called by the speaker, can only be postponed by him.
When referring to MPA Mohsin Leghari of Pakistani opposition Tehreek-e-Insaf says governor has no powers issue decrees revoking the powers granted on Speaker of the Constitution in accordance with Article 67 read out with Article 127
He also stated that the resolution could not be issued when the meeting was in session in accordance with Article 128.
Mr Leghari said the reprieve of 40th session and challenge of 41st session legally notified secretary had no legal status and budget session held in Ivan-i-Iqbal under the leadership of Deputy Speaker Dost Muhammad Mazari, had serious legal gaps.
Mr Mohsin, who this is former senator and irrigation minister, also issues raised over subsequence of governor’s orders and notice by law secretary. Extension Order for 40th anniversary of the meeting session in law secretary was released on June 14 under notification number 6137.
Later that day the 41st session was called for June 15 in Ivan-e-Iqbal on notice No. 6139. But the governor’s decree, which “authorized” the legal department issue such orders were later reported under notification number 6141 after it had been already issued an arrest and summons order.
Mr. Mohsin said that Speaker Parvez Elahi asked Punjab’s “interim” Finance Minister Awais Leghari three times to submit a report. budget for Fiscal year 2022-23, but an MP walked out saying the governor had suspended session.
“The governor’s order to extend the term was not received by the assembly secretary for forwarding it for ballot notification on June 14 neither on 15th,” he said.
“Legality of in budget be represented on a dubious call of The assembly has no legal status and can be contested,” Mohsin Leghari stressed.
Published in Dawn, June 18, 2022
