Appellate Division Completes Hearing on Appeal Seeking to Challenge Interim Government’s Legality; Verdict Expected Tomorrow

The hearing concerning the leave to appeal petition contesting the legality of the interim government concluded on Wednesday, 3 December. The matter was heard by a full bench of the Appellate Division, comprising seven judges and presided over by Chief Justice Syed Refaat Ahmed. The court is scheduled to deliver its decision tomorrow.

During the proceedings, the Attorney General, Additional Attorney General, and several senior lawyers submitted their arguments before the bench. The state’s chief legal representative contended that the writ petition challenging the interim government’s legitimacy was predicated on a misunderstanding of the constitutional and legal framework. According to the Attorney General, the petition relied on incorrect interpretations of events surrounding the government’s formation.

In contrast, the legal team representing the writ petitioner argued that there was no basis for questioning the authority of a government established following a mass popular uprising. They emphasised that seeking judicial review from the court, which had itself been reconstituted under the very government whose legality was being challenged, was inherently contradictory and undermined the petition’s logic.

At the heart of the petitioner’s argument was the claim that during the mass uprising on 5 August, the then Chief Justice and other Appellate Division judges had taken refuge within the cantonment. This, the petitioner asserted, prevented them from providing an opinion under Article 106 of the Constitution regarding the formation of the government following a presidential reference. As a result, the petitioner contended that both the oath-taking ceremony and the formation process of the current interim government were constitutionally invalid.

The writ petition was initially filed in December of last year by senior lawyer Mohsin Rashid. However, it was subsequently dismissed by the High Court, prompting the appeal before the Appellate Division.

Observers note that tomorrow’s verdict could have significant political and constitutional implications, potentially influencing the legitimacy of the interim government and shaping public discourse on governance following mass movements.

Key Details of the Case

The court’s forthcoming order is highly anticipated, with stakeholders across the political and legal spectrum awaiting clarity on the constitutional questions raised by the petition.