ISLAMABAD: The Islamabad High Court (IHC) will take up Omar Sarfraz Cheema’s petition against his removal as the Punjab governor today (Wednesday).
A larger bench of the IHC, headed by Chief Justice Athar Minallah, and comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani will hear the matter.
Advocate Babar Awan, the petitioner’s counsel, would appear before the court to present his arguments.
Cheema has stated in his petition that he was appointed as the Governor of Punjab by President DrArifAlvi and the appointment was made in terms of Article 101 of the Constitution of Pakistan 1973.
It is his stance that he was appointed vide notification/bearing number No 3-1/2022-Min-Il dated 5th April 2022 duly issued by the Cabinet Division. He added that the notification clearly refers to article 101 of the constitution.
The former governor stated that once a governor of a province is appointed his continuation in the office or removal from the office is solely on the pleasure of the president. He further contended that it is also noteworthy that according to this express provision of the constitution the Governor shall hold office during the pleasure of the President of Republic and none else including the chief executive or a court.
“This constitutional domain is to maintain the balance between different offices having the constitutional mandate,” maintained the petitioner.
The petitioner stated that there is neither allegation of misconduct against him nor he is convicted by any court of law or any act committed contrary to the Constitution. He requested the court to declare the notification of his removal illegal and unconstitutional.
Copyright Business Recorder, 2022