Karachi: Governor Sindh Kamran Tessori on Wednesday challenged the Sindh High Court (SHC) decision regarding the acting governor in the Supreme Court.
The Barrister Abid Zuberi has challenged the SHC verdict from behalf of the Sindh governor.
The SC registry in Karachi stated that this an constitutional matter and it will be heard in the principal bench The hearing of the case will held in Islamabad.
Governor’s counsel stated that the SHC passed verdict without hearing us adding that the acting governor Owais Qadir Shah was not stopped for holding a meeting.
The petition reads that pictures and video are clear that the acting governor was given a complete protocol.
There powers of the acting governor are set under the constitution while the acting governor can’t use the governor house under the law passed in 2015, the petition reads.
The SHC has hasitantly decided the case, the petition reads.
The petition inisted the top court to declare the SHC verdict null and void.
Earlier, two days ago the SHC had disposed of a petition of provincial assembly Speaker Owais Qadir Shah regarding denial of his access to Governor House after he did not press it further.
A two-judge constitutional bench comprising Justice Muhammad Karim Khan Agha and Justice Adnan-Ul-Karim Memon noted that the matter has now become infructuous following the compliance of its order to provide the petitioner immediate access to all offices and chambers at the Governor House.
However, the counsel for the Sindh Governor said that they will approach the Supreme Court to challenge the order of SHC as the matter in question was diposed of without hearing the respondents.
Citing the governor and his principal secretary as respondents, Sindh Assembly Speaker Syed Awais Qadir Shah had petitioned the SHC submitting that he had assumed the charge of acting governor when Governor Karman Khan Tessori proceeded abroad, but he was not allowed access to offices in the Governor House to perform his constitutional duties.
On June 20, the bench had asked the principal secretary to the governor to provide immediate access to the Sindh PA Speaker being the acting governor to all rooms, offices and chambers in Governor House. It also issued notices to the respondents.
When the matter came up for hearing on Monday, a compliance report was placed before the bench by the principal secretary through the court’s registrar.
The bench said perusal of compliance report reflected that the June 20 order has been complied with and the lawyer for petitioner also confirmed such position and did not press the petition any further. Abid Zuberi Advocate filed vakalatnama on the behalf of governor Sindh. “However, since this matter has now become infructuous based on the compliance, accordingly this petition is dismissed as having become infructuous along with all pending applications”, the bench in its order concluded.
After the hearing, Mr Zuberi said that the apex court would be approached to impugn the SHC order since the petition was deposed of without hearing him.
