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LHC moved to disqualify Governor Sarwar for becoming a PML-N activist

By Raza Ruman

Lahore, June 28 (Pak Destiny) A petition has been filed in the Lahore High Court against Punjab Governor Chaudhry Sarwar seeking his disqualification for acting as PML-N activist.

Petitioner Shahid Orakzai told the court that respondent Governor is publicly and directly taking part in political activities and openly doing the fire fighting for the ruling PML(N).

On June 23 in a televised drama Governor Sarwar was seen persuading a foreign national (Tahirul Qadri) to end his protest at Lahore Airport inside a foreign carrier. “Only the respondent can explain what prompted his trip to Allama Iqbal Terminal. Thereafter Sarwar escorted him to Jinnah Hospital and joined him in political activity. He was watched countrywide and audiovisual evidence would be presented.”
On Jun 24 on the Prime Minister instruction, Sarwar once again held formal political parleys with Qadri in Model Town Lahore and reportedly discussed matters related to law and order which, under the Constitution, is a provincial subject.
Chief Minister of Punjab Shahbaz Sharif publicly declared that he does not know any person by the name of “Qadri” (Full Name: Muhammad Tahir-ul-Qadri). It partly showed that the Chief Minister and his Cabinet had not given any advice, written or verbal, to the Governor under Article 105 Clause (1) with regard to any political bargaining with the above identified person. Therefore it is prayed Sarwar should be disqualified for acting as PML-N activist.
Does Sarwar have any answer to these questions? – Pak Destiny

In The Lahore High Court, Rawalpindi Bench

W. P. No. _____________/2014

Shahid Orakzai Vs Chaudhry Muhammad Sarwar

______________________________________________________________

Counsel for Petitioner……………………………………… In Person

Counsel for Respondent………………………………….

INDEX

_______________________________________________

S.No. Document Date Page

1. Writ Petition 26-06-2014 1- 4

2. Affidavit of Facts 26-06-2014 5

3. Stay Application 26-06-2014 6

4. Affidavit of Facts -06-2014 7

Certified that the copies have been prepared in accordance with the Rules of the High Court and all necessary documents for the just appreciation of the case are included therein.

Shahid Orakzai,

(In person)

House 105, St. 7, Chaklala Scheme III

Rawalpindi

Ph: 051-5592089, O300-5328204

In The Lahore High Court, Rawalpindi Bench

W. P. No. _____________/2014

Shahid Orakzai,

House 105, St. 7, Chaklala Scheme III

Rawalpindi …………….……………………………..Petitioner

Vs

1. Chaudhry Muhammad Sarwar

Governor House, Lahore

2. Pakistan through Secretary Law

Ministry of Law,

Islamabad…………….……. …………………Respondents

A writ petition under Article 199 of the Constitution

to immediately restrain the Governor of Punjab

from abusing his Office for political

works of the ruling party

Points of Law

i. Whether the Governor can hold political parleys with any political party on the advice of the Chief Minister or the Cabinet? Article 105

ii. Whether the Governor, while acting upon the direction of the Federal Governor, can discuss criminal cases and law and order issues with any political party inside a Province?

FACTS

1. That respondent Governor is publicly and directly taking part in political activities and openly doing the fire fighting for the ruling PML(N).

2. That, on 23-06-2014, in a televised drama the Governor was seen persuading a foreign national to end his protest at Lahore Airport inside a foreign carrier. Only the respondent can explain what prompted his trip to Allama Iqbal Terminal. Thereafter the respondent escorted the same person to Jinnah Hospital and joined him in political activity. He was watched countrywide and audiovisual evidence would be presented.

3. That on the following day, 24-06-2014, after a reported meeting with the Prime Minister, he once again held formal political parleys with the same foreign national in Model Town Lahore and reportedly discussed matters related to law and order which, under the Constitution, is a provincial subject.

4. That, on the same day, the Chief Minister of Punjab publicly declared that he does not know any person by the name of “Qadri” (Full Name: Muhammad Tahir-ul-Qadri). It partly showed that the Chief Minister and his Cabinet had not given any advice, written or verbal, to the Governor under Article 105 Clause (1) with regard to any political bargaining with the above identified person.

5. The question arises whether the Governor, in the above mentioned two instances, was performing functions in connection with the affairs of the Federation or a Provincial Government as demarcated by sub-Clause (a) (i) of Clause (1) of Article 199. He can’t serve two masters at the same time.

6. This Court may, therefore, firstly ask the Federal Government if it had given any direction to the Governor under Clause (5) of Article 101 for “any contingency” mentioned in there.

7. That the Federal Government cannot intervene in any matter related to law and order until the President of Pakistan makes a Proclamation of Emergency under Article 232 about the Province or any part thereof. There is no such ‘Proclamation’ about Punjab or its capital city at present.

8. The incumbent Governor, re-imported from England, is conducting himself much like a domestic servant of the Prime Minister. That is conduct unbecoming of a Governor. His latest political maneuvering and naked brokerage is total negation of his oath. After decades of loyalty to British Crown his re-born allegiance to Pakistan is not trusted by the Constitution.

Writ of Cowarranto

9. By Article 101, no person can be appointed a Governor unless he is qualified to be elected as a member of the National Assembly and is a registered voter and resident of the Province concerned.

This petition may be dismissed if the respondent proves that he had been the member of the National Assembly or the Punjab Assembly as emphasized by Article 104.

10. The purpose of the facts stated hereinabove was to show the conduct of the person and his inability to understand the basic functions of the Office.

The respondent Governor may be asked whether he has filed any report to the President of Pakistan under Article 234 about the police firing in Model Town Lahore.

11. This petition is filed as a writ of co-warranto and, for that purpose, in addition to the facts stated above the petitioner shall explain the basic requirements and conditions attached to the Office of the Governor through various articles of the Constitution.

12. The Government of Punjab has not been made party in view of the public statement of the Chief Minister. The Advocate General is not the required law officer for this petition and has no right to oppose it.

Interim Relief: This High Court may immediately restrain Respondent No. 1 from performing the functions of the Governor and instruct the Registrar to communicate the Order to the Speaker of the Provincial Assembly.

Remedy Required: In view of the facts, the appointment of the Governor be declared ultra vires of the Constitution and, thus, void ab-initio.

Shahid Orakzai

(In person)

List of books: 1. Al-Quran

2. The Constitution of the Islamic Republic of Pakistan

3. Election Laws Vol. I

Certificate: Certified that this is the first writ petition in the Lahore High Court Rawalpindi Bench on the subject.

In The Lahore High Court, Rawalpindi Bench

W. P. No. _____________/2014

Shahid Orakzai Vs Chaudhry Muhammad Sarwar

_________________

AFFIDAVIT OF FACTS

Affidavit of Shahid Orakzai s/o Sardar Khan Orakzai

House 105, St. 7, Chaklala Scheme III, Rawalpindi ____________________________________________________

I, Shahid Orakzai s/o Sardar Khan Orakzai, the above named deponent do hereby solemnly affirm and declare as under,

That the averments contained in the writ petition are based on fact and truth and nothing but the truth and are correct to the best of my knowledge, information and opinion and that nothing is intentionally concealed from the Court.

Sworn on oath at Rawalpindi on June , 2014.

Deponent

Shahid Orakzai

(In person)

In The Lahore High Court, Rawalpindi Bench

W. P. No. _____________/2014

Shahid Orakzai Vs Chaudhry Muhammad Sarwar

Stay Application

Applicant/Petitioner: Shahid Orakzai,

House 105, St. 7, Chaklala Scheme III

Rawalpindi

1. As explained and substantiated in the writ petition, the Respondent No. 1 is not qualified to hold the Office of the Governor and is breaching the basic duties and functions of the Governor.

2. That he needs to be stopped immediately from performing any function on behalf of the Federation.

Interim Relief: This High Court may immediately restrain Respondent No. 1 from performing the functions of the Governor and instruct the Registrar to communicate the Order to the Speaker of the Provincial Assembly.

Shahid Orakzai,

(In Person)

In The Lahore High Court, Rawalpindi Bench

W. P. No. _____________/2014

Shahid Orakzai Vs Chaudhry Muhammad Sarwar

__________________________________

AFFIDAVIT OF FACTS

Affidavit of Shahid Orakzai s/o Sardar Khan Orakzai

House 105, St. 7, Chaklala Scheme III, Rawalpindi ____________________________________________________

I, Shahid Orakzai s/o Sardar Khan Orakzai, the above named deponent do hereby solemnly affirm and declare as under,

That the averments contained in the stay application are based on fact and truth and nothing but the truth and are correct to the best of my knowledge, information and opinion and that nothing is intentionally concealed from the Court.

Sworn on oath at Rawalpindi on June , 2014.

Deponent

Shahid Orakzai

(In person)

NIC: 37405-0314306-3

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