Thread by @DrAwab

THREAD — My thoughts on

LHC’s JUDICIAL COUP ON PUNJAB

——

The LHC’s over exuberance in helping culminate a Judicial coup on Pakistan

Unfortunate comments by LHC to the office of the President of Pakistan

#MarchAgainstImportedGovt
#امپورٹڈ_حکومت_نامنظور

1/n

Politicians may not be saints, but courts need to show some semblance of justice & not be so blatantly partisan

People of Pakistan blatantly saw on the fateful Sunday & midnight Judicial coup by SHC & IHC exposing their PARTISANSHIP far from being defenders of the const

2/n

1- Courts should have been mindful the legality of RESIGNATION / NON-RESIGNATION of BUZDAR

FACT: Buzdar submitted his resignation to the PM while it should have legally been addressed to the President of Pak

Innocent mistake but a constitutional mistake nevertheless

3/n

2- Courts ordered the Dy Speaker Punjab to conduct elections in Punjab Assembly, but as we all saw it was tainted with violence & turned out to be a total farce & violation of the Second Schedule

All violations were DOCUMENTED & REPORTED by Sec of Punjab Assembly

4/n

3- After all Second Schedule stipulated violations for the electing CM Punjab, the LHC court continued to insist & force Gov Punjab to swear in the illegally elected CM

Gov Omar Cheema has legally maintained that such a ceremony is UNCONSTITUTIONAL

5/n

Courts in desperation have chosen to step beyond their own jurisdiction and tried to push The President of Pakistan (including passing some unceremonious remarks) placing deadlines to the highest office of PK to decide by such & such date or else they will take decisions

6/n

Legally the President is NOT compelled to follow any timeline dictated by any court of law - the office is beyond question from any Court of Law, as stipulated in Article 48(4)

7/n

Legally the office of The President of Pakistan is only bound to respond to advice received from the PM or Cabinet for which he has FOURTEEN days and then an additional TEN more days to respond

As stipulated in Article 48 of the Constitution of Pakistan

8/n

Article 48: President to act on advice, etc

(1) In the exercise of his functions, the President shall act on and in accordance with the advice of the Cabinet or the Prime Minister Provided that AFTER FIFTEEN DAYS the President may require the Cabinet

10/n

Article 48(1) cont..

or as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall WITHIN TEN DAYS, act in accordance with the advice tendered after such reconsideration.

11/n

My feel is that the LHC will aggressively continue to push for the Oath Ceremony finding a lacunae within the Article 255(2)

Which would be unfortunate step an attempt to appoint its own Oath Commissioner

Article 255(2)

12/n

The operative keyword of the Article 255(2) should be “NOMINATED BY THAT PERSON”

The only person who can nominate is the Gov Punjab or The President who needs to appoint an alt

LHC has no jurisdiction in appointing any Oath Commissioner for the office of CM Punjab

13/n

So with an overtly exuberantly partisan Judiciary at almost every step

Pakistan is faced with yet another Mafia which is using the lacunae & a twist of words within the constitution to flex its own political muscle

#JudcialActivismNaManzoor
#MarchAgainstImportedGovt

14/END

Cont 15/n

Constitutionally Buzdar shouldve addressed his resignation to The President of PK as stipulated in Article 130(8)

Leaves NOTHING to debate

The Coup masqueraders in the NA & the ECP are REFUSING to accept PTI resignations

But LHC accepts this without a second thought