Islamabad: Despite the “strong” rejection of the Prime Minister’s advice to remove PTI’s Omar Sarfaraz Cheema as Governor Punjab, the federal government, in the early hours of Tuesday, denotified him for the position.
The Cabinet Division, in this regard, issued a notification, which read, “[I]n terms of Article 101 and proviso to Article 48 (1) of the constitution of the Islamic Republic of Pakistan, read with serial No. 2D of schedule V-B to the Rules of Business, 1973 and the Prime Minister’s advice (s) rendered on 17-04-2022 and 01-05-2022 for removal of Governor of Punjab, Mr Omer Sarfaraz Cheema ceases to hold the office of the Governor Punjab, with immediate effect.”
The notification further read that as per Article 104 of the Consitution, the speaker of the Punjab Assembly will perform as an acting governor till the appointment of a new governor.
Read: Government appoints Omer Sarfraz Cheema as new Governor Punjab
President rejects PM’s advice to remove Gov of Punjab
The notification to remove Omar Sarfaraz Cheema as governor of Punjab came hours after President Dr Arif Alvi rejected the summary of Prime Minister Shehbaz Sharif to dethrone the incumbent governor.
صدر مملکت ڈاکٹر عارف علوی نے گورنر پنجاب کو ہٹانے کا وزیراعظم کی ایڈوائس مسترد کردی
گورنر پنجاب کو صدر پاکستان کی منظوری کے بغیر نہیں ہٹایا جاسکتا، صدر مملکت
آئین کے آرٹیکل 101 کی شق 3 کے مطابق "گورنر صدر مملکت کی رضا مندی تک عہدے پر قائم رہے گا"، صدر مملکت pic.twitter.com/wZOYq3shCX
— The President of Pakistan (@PresOfPakistan) May 9, 2022
President Dr Arif Alvi conveyed to the Prime Minister of Pakistan that the governor of Punjab could not be removed without his approval.
Referring to clause 3 of Article 101 of the Constitution, he stated, “the governor shall hold office during the pleasure of the President.”
He wrote that the incumbent governor could not be removed as there was neither any allegation of misconduct nor conviction by any court of law or of any act committed by him contrary to the Constitution of Pakistan.
He stated that it was his duty as Head of the State to represent the unity of the Islamic Republic of Pakistan in terms of Article 41 of the Constitution.
Highlighting the Constitutional role of the Governor of Punjab, President Alvi said that the governor had also sent a report earlier regarding the unfortunate happenings in the Punjab Assembly, questions regarding the validity of the resignation of Chief Minister Punjab, Sardar Usman Ahmed Khan Buzdar, and shifting of loyalties. Rejecting the advice of the Prime Minister, he stated that he was convinced that the removal of the governor would be unfair and against the norms of justice.
The President emphasized that it was essential that the incumbent governor should continue to stay to encourage and promote a healthy and clean democratic system where members are not coerced or bought to bring about an illegitimate change, and Article 63A of the Constitution specifically discouraged such activities.
