SC opinion on defectors may apply retrospectively, says LHC judge.

LAHORE -- Justice Shahid Jamil Khan, a member of a Lahore High Court larger bench, on Wednesday observed that prima facie, the opinion of the Supreme Court given on a presidential reference about the vote of defectors in parliament would have a retrospective effect.

'We have no other option but to implement the Supreme Court decision,' Justice Khan observed in response to the arguments of Advocate Mansoor Usman Awan, the counsel for Punjab Chief Minister Hamza Shehbaz, who insisted that the apex court's opinion could not be enforced retrospectively.

He further argued that the apex court was yet to issue a detailed decision.

The five-judge bench was hearing appeals of the Pakistan Tehreek-i-Insaf (PTI), Pakistan Muslim League-Quaid (PML-Q) and Punjab Assembly Speaker Chaudhry Parvez Elahi against different single-bench decisions regarding the election and oath-taking of CM Hamza.

Justice Sadaqat Ali Khan headed the bench with Justice Khan, Justice Shehram Sarwar Chaudhry, Justice Sajid Mahmood Sethi and Justice Tariq Saleem Sheikh as its members.

The courtroom was packed to capacity with lawyers and leaders of the opposition parties, including former provincial ministers Raja Basharat and Sibtain Khan - also a petitioner in the case. Punjab Advocate General Shahzad Shaukat also appeared before the bench.

Justice Jamil observed that the presidential reference about the interpretation of Article 63-A of the Constitution was still pending when the election for the chief minister was held. The judge also asked Hamza's counsel to seek a review of the SC opinion if he had an objection.

Barrister Syed Ali Zafar, on behalf of the appellants, argued that the opinion of the Supreme Court would apply retrospectively to the...