Lahore High Court Justice Shahid Bilal Hassan on Monday dismissed a plea seeking to declare the “extended stay” of Caretaker Prime Minister Anwarul Haq Kakar beyond the prescribed timeframe as unconstitutional, deeming it non-maintainable.
During the proceedings, Justice Bilal expressed reservations about entertaining such applications and questioned whether the court could issue an order for the caretaker PM. The law officer informed the court that Justice Raza Qureshi had previously dismissed a petition of a similar nature. Justice Bilal noted that, in compliance with the Supreme Court’s order, the Election Commission of Pakistan had set the election date, and the caretaker PM had ensured the conduct of elections. Strongly opposing the plea, the law officers argued against declaring the extended stay of the interim PM as illegal and unconstitutional.
The petitioner, Muhammad Muqsit Saleem, filed the plea naming the caretaker PM, the cabinet division through its secretary, and the ECP through the chief election commissioner as respondents. Saleem argued that the caretaker government, which took office on August 14, 2023, ceased to exist on November 15, 2023. He contended that any decisions made by the caretaker government after this date would be illegal and invalid.
The petitioner emphasised that an extension in the election date should not automatically extend the caretaker government’s mandate. He urged the court to consider the serious implications of the matter, especially in the current political climate where legal and constitutional issues are often dismissed without close scrutiny.
Saleem highlighted that the caretaker government’s role is crucial in overseeing the country’s administration before elections, ensuring fair polls, and maintaining law and order. He argued that if elections are not held within the constitutionally specified timeframe, the caretaker government’s mandate should end.
Referring to the dissolution of the National Assembly, Saleem pointed out the constitutional obligations of the President and the ECP under Article 58(1) and Article 218, respectively. He cited the specific election periods outlined in Article 224 and emphasised that such provisions should not be manipulated to justify intentional non-compliance with timelines.
The petitioner criticised the current caretaker government for exceeding the statutory limit, describing it as a violation of constitutional rights and an attack on democracy’s foundation. Saleem underscored that Article 224 limits the caretaker government’s tenure to ninety days, emphasising its failure to fulfill responsibilities and address critical societal issues.
Saleem argued that the extended stay of the caretaker government goes against the Constitution and undermines the rule of law, raising concerns about its legitimacy and the intentions of those in power.
However, the court dismissed the plea as un-maintainable.
