Lahore High Court (LHC) on Monday in an open court judgment dismissed the petition regarding the formation of a shadow cabinet at the provincial and cabinet level. The judgment of the case was reserved by Justice Atir Mahmood on March 7.
The petition was filed by lawyer’s foundation for justice through senior advocate AK Dogar.
On last hearing, Justice Atir observed that this public importance issue should be decided as it involves a crucial point of law.
During the court proceedings, the Opposition Leader in Punjab Assembly Mian Mahmood-ur-Rasheed as respondent stated he had no objection to the acceptance of petition, as it will enhance accountability and transparency.
Advocate Sheraz Zaka, on behalf of respondent, argued that the shadow cabinet can only be formed by amendment in the constitution. Over which, Justice Atir Mahmood also gave the same reason and observed that although courts can direct the government to make an amendment in law a, but it cannot direct the legislatures to make amendment in the constitution. He maintained that constitution was the sole prerogative of the parliament regarding the formation of shadow cabinet at both the provincial and federal level, as there are no fundamental rights of citizens being affected.
“Standing committees are already working both at the parliament and provincial assemblies. Hence, there is no need of a shadow cabinet, which can only be formed through an amendment to the constitution,” Justice Atir elaborated further.
Sheraz further argued that there was no explicit provision in the constitution regarding the formation of the shadow cabinet.
Yesterday, Justice Atir Mahmood, in an open court had announced the reserved judgment in which he dismissed the petition regarding the formation of a shadow cabinet at the provincial and cabinet level.
