LHC adjourns petition challenging Khosa’s appointment

LAHORE – The Lahore High Court (LHC) on Friday adjourned until February 11 hearing of a petition challenging appointment of Latif Khosa as Punjab governor directing the petitioner to file a CM application for amending his petition. The court directed the petitioner to delete name of the cabinet division from the list of respondents, as it has nothing to do with appointment of a governor.
Justice Umar Ata Bandial observed this point when petitioner Nawaz Cheema submitted that he had also challenged the recommendation made by the cabinet division for appointment of Khosa as Punjab governor. Deputy Attorney General Nasim Kashmiri and Additional Advocate General Zakaur Rehman appeared in the court and opposed the petition saying that it is not maintainable as allegations against the governor have never been proved.
They argued that the governor enjoyed a constitutional immunity due to which no proceedings could be initiated or continued against him. Cheema submitted that Khosa was removed as attorney general on corruption charges and the case in this regard is pending before the Pakistan Bar Council (PBC) and according to articles 62 and 63 of the constitution, Khosa is not eligible to be appointed as governor.
The petitioner asked the court to declare his appointment as unconstitutional and illegal. Cheema submitted that Khosa’s name had been recommended for appointment as Punjab governor and an advice was forwarded to the president on January 10. He contended that recommendation and advice for the said appointment was illegal, as the LHC had held Khosa as a man of professional misconduct in two cases and directed the subordinate judiciary throughout the province not to take notice of any order or document referred by the respondent unless a certified copy of the order was produced.
The petitioner contended that according to the constitution, a person could not be appointed governor unless he is qualified to become member of the National Assembly (MNA). Cheema said that Khosa is not qualified to be elected as MNA according to articles 62 and 63 of the constitution due to which he is not eligible for appointment as governor. The petitioner requested the court to declare Khosa’s appointment as null and void.