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Express Tribune
21 hours ago
- Politics
- Express Tribune
Speaker slams PHC over oath order
Khyber-Pakhtunkhwa Assembly Speaker Babar Saleem Swati has written a strongly worded letter to the Chief Justice of Pakistan, raising serious constitutional concerns over the Peshawar High Court's (PHC) directive that authorized the Governor to administer oaths to provincial assembly members. Calling the court's instruction a clear violation of the Constitution of Pakistan, the Speaker announced that a formal constitutional petition will soon be filed against what he termed unconstitutional interference. In his letter, Speaker Swati emphasized that the principle of separation of powers lies at the core of Pakistan's Constitution. "The judiciary, legislature, and executive are autonomous in their respective domains," he wrote. "Interference by one institution in the jurisdiction of another not only disrupts the constitutional balance but also undermines institutional integrity." He noted that the PHC's act of writing directly to the Governor, instructing him to administer oaths to the members of the provincial assembly, overstepped the judiciary's constitutional boundaries. "This was neither part of any formal judicial ruling, nor was it the outcome of a hearing. Issuing such one-sided directives without giving any party the opportunity to be heard violates basic constitutional norms," the letter stated. The Speaker further argued that convening or adjourning an assembly session falls squarely within the constitutional domain of the Speaker. "No external body, including the judiciary, has the authority to question or override this power," he wrote. "If courts begin to intrude into administrative decisions in such a manner, it would set a dangerous precedentone that could ultimately threaten the independence of all state institutions." Swati warned that unauthorized judicial interventions not only infringe upon the autonomy of the legislature but also raise serious concerns about the neutrality and credibility of the judiciary in the eyes of the public. "The people's trust in the judiciary depends on its strict adherence to constitutional limits," he said.
Business Recorder
2 days ago
- Politics
- Business Recorder
KP governor administers oath to Opposition MPAs
PESHAWAR: The Governor Khyber Pakhtunkhwa Faisal Karim Kundi administered oath to the newly elected members of the provincial assembly on reserved seats for women and non-Muslim. The oath-taking ceremony was held here at Governor's House on Sunday. After the adjournment of the proceedings of the KP Assembly in the name of the lack of quorum in an especially summoned session of the house for the purpose, the Chief Justice, Peshawar High Court (PHC) on a request of the Election Commission of Pakistan (ECP) in line with Article 255 (2) of the Constitution of Pakistan had nominated the Governor Khyber Pakhtunkhwa to administered oath to newly elected members of the Khyber Pakhtunkhwa Assembly on reserved seats for women and non-Muslims. PHC bars elected MPAs on reserved seats from taking oath A formal notification (No. 453-J) issued by the High Court Registrar directed that the oath-taking ceremony should take place at the earliest in accordance with the constitutional framework and prescribed legal procedures. The Governor has been tasked to ensure that the oath is administered in the prescribed manner and that official record is properly maintained. The court has also instructed the Secretary of the Provincial Assembly to facilitate the process by enabling the newly notified members to sign the Roll of Members as per Rule 6 of the Khyber Pakhtunkhwa Procedure and Conduct of Business Rules, 1988. A formal notification in this regard also issued on Sunday, and its copies were forwarded to key stakeholders including the Speaker and Secretary of the Provincial Assembly, the Election Commission, and the Chief Secretary of Khyber Pakhtunkhwa. A ceremony to administered oath to women and non-Muslims elected on reserved seats is schedule at Governor's House today (Monday) at 9:00 A.M. The Treasury benches in Khyber Pakhtunkhwa Assembly created the issue of quorum to avoid the administering of oath to women and non-Muslims elected to the house against reserved seats. A special session of the provincial legislature was convened on the request of the Chief Minister to administer oath to the women and minorities' representatives elected on reserved seats to formally enrolled them as members of the house. But it could not happen due to the strategy evolved by the treasury benches, which is divided into two groups over the issuance of tickets by the party leadership, particularly by the jailed PTI founder Imran Khan. Khyber Pakhtunkhwa Assembly is going to elect 11 Senators and on the basis of its strength in the electoral college, it has fielded six candidates by issuing them party ticket. The candidates fielded by the ruling party include Murad Saeed, Noor-ul-Haq Qadri and Mirza Khan Afridi on general seats, Azam Swati on technocrat and Robina Naz on seats reserved for women. The Chief Minister Khyber Pakhtunkhwa Ali Amin Gandapur and joint opposition in the provincial legislature have already developed consensus on the distribution of seats by allowing the election of the five candidates of the later to the Senate. However, some PTI leaders Irfan Saleem, Khurram Zeeshan and Ayesha Bano, who had had filed nominations, but were denied tickets are not ready to accept the decision of the leadership and have come in the forefront of the leadership against the decision of the party. Though the session of the legislature was convened. However, the staying away from the house by the legislatures, particularly treasury benches braked it due to the lack of quorum in the house. As the house began proceedings with Speaker Babar Saleem Swati in the chair, a treasury benches member Sher Ali Afridi pinpointed the lack of quorum and the Speaker has to order the ringing of the bells to bring legislators to the house. But, in legislators did not turned up prompting the Speaker to adjourned the proceedings of the house till July 24,2025. Later, speaking informally in the house, the leader of opposition Dr Ibadullah said that how long will this continue? He said that a period of over on years has been passed, but the members are still awaiting their oath. He said that if the Speaker does not take the oath, then they will file a petition with the Chief Justice of the Peshawar High Court to administer the oath to them. Earlier, while speaking to the media, Speaker Babar Saleem Swati said tha the oath-taking will take place whenever the assembly session is held, quorum in the house merely after entering the house. When asked regarding the delay in the oath-taking, the Speaker with a meaningful smile said that it will happen eventually. Copyright Business Recorder, 2025
Express Tribune
2 days ago
- Politics
- Express Tribune
Gandapur to challenge governor's oath-taking of 25 lawmakers on reserved seats
Listen to article Khyber-Pakhtunkhwa (K-P) Chief Minister Ali Amin Gandapur has announced plans to legally challenge the oath-taking ceremony of reserved seat lawmakers held at the Governor House on Sunday, terming it unconstitutional. 'Administering oaths at the Governor House on reserved seats violates the Constitution, which clearly states it must be done on the assembly floor. The speaker never refused—only adjourned the session due to lack of quorum,' Chief Minister Gandapur maintained. The statement came after Khyber-Pakhtunkhwa (K-P) Governor Faisal Karim Kundi has administered the oath to 25 members of the provincial assembly on reserved seats for women and minorities, following an intervention by the Peshawar High Court (PHC) on Sunday. According to Express News, the chief minister has decided to file a petition in the Peshawar High Court (PHC) against the swearing-in of members elected on reserved seats for women and minorities outside the provincial assembly. Advocate General of K-P, Shah Faisal Utmankhel, cited Article 65 of the Constitution, which he said mandates that assembly members must be sworn in on the floor of the House. 'The speaker did not refuse to administer the oath; the session was adjourned due to lack of quorum,' he explained. Utmankhel added that the assembly session was already scheduled for July 24. 'In this context, administering oaths at the Governor House is unconstitutional. Article 255(2) only allows for exceptions in cases of impracticality,' he said. Read More: CM Gandapur moves PHC for PTI recognition He further clarified that the chief minister and the speaker did not refuse their constitutional roles, and that a session was duly convened. The government, he said, will challenge the governor's move in court. 'The petition is ready and will be filed tomorrow due to court holidays today.' The speaker of the provincial assembly is also expected to file a separate petition challenging the Governor House ceremony. Meanwhile, K-P Information Adviser Barrister Saif sharply criticised the ceremony, calling it 'an oath taken over democracy's dead body.' He said the speaker had not cancelled the session but merely postponed it due to incomplete quorum. 'This act tramples on democratic traditions,' said Saif. He also accused the Election Commission of 'misleading the public' and acting on directives from the federal government. 'The ECP is determined to eliminate PTI,' he added, warning of legal consequences. Saif called the oath 'unconstitutional and illegal' and said the Election Commissioner would be held accountable for the controversial February 8 elections as well. 'What's being done to the Constitution and law is unprecedented,' he said. Read More: Governor K-P administers oath to 25 lawmakers after PHC intervention The oath taking ceremony was held at Governor House in Peshawar. Representatives of the Election Commission, Khyber-Pakhtunkhwa Assembly staff, and other relevant government officials were also present at the oath-taking ceremony. Earlier in the day, a scheduled assembly session to administer the oath was disrupted when quorum was challenged soon after proceedings began. As a result, Speaker Babar Saleem Swati adjourned the session until July 24 at 2 PM. Opposition parties subsequently approached the Peshawar High Court (PHC) to ensure the swearing-in of the newly elected lawmakers. In response, the court directed the provincial governor to administer the oath in lieu of the assembly speaker.
Business Recorder
2 days ago
- Politics
- Business Recorder
25 reserved seat MPAs sworn at KP Governor House after high court intervention
Following intervention of the Peshawar High Court (PHC), Khyber Pakhtunkhwa Governor Faisal Karim Kundi administered the oath to 25 members of the Khyber Pakhtunkhwa Assembly, elected on reserved seats for women and non-Muslims, in a ceremony held at the Governor House Peshawar on Sunday. The governor administered the oath after the PHC chief justice through an order nominated him to do so. Governor Kundi congratulated the women and minority members of the assembly upon taking the oath on the reserved seats. He also expressed his gratitude to the PHC chief justice of for the nomination. The oath-taking ceremony was attended by prominent figures including Federal Minister for SAFFRON, Engineer Amir Muqam, and Leader of the Opposition in the Khyber Pakhtunkhwa Assembly Dr. Ibadullah, along with other members of opposition parties. PHC bars elected MPAs on reserved seats from taking oath This oath was administered under Articles 65 and 255(2) of the Constitution of Pakistan, and in accordance with Rule 6 of the Khyber Pakhtunkhwa Procedure and Conduct of Business Rules, 1988.
Express Tribune
3 days ago
- Politics
- Express Tribune
Notice issued to NAB over 'unlawful arrest
The Peshawar High Court (PHC) has issued a notice to the National Accountability Bureau (NAB) in response to a writ petition filed against the arrest of a suspect involved in the Kohistan financial scandal, despite the suspect's submission of a voluntary return application. A division bench comprising Justice Sahibzada Asadullah and Justice Farah Jamshed heard the petition filed by Muhammad Riaz. During the hearing, the petitioner's counsel, Advocate Aminur Rehman Yousafzai, informed the court that NAB was investigating the Kohistan scandal and had issued a call-up notice to his client. He stated that NAB had informed his client that he could opt for a plea bargain by submitting a voluntary return application. Following this, his client submitted the application on May 16, 2025. However, NAB issued another call-up notice on July 2, 2025, summoning him again. When the petitioner appeared before NAB on July 11, he was taken into custody, without a decision being made on his earlier application, the lawyer said. He further argued that the arrest was unlawful and caused his client severe mental distress. Subsequently, his client was presented before an accountability court, which granted NAB an eight-day physical remand. Citing the 2022 amendments to the NAB laws, the counsel contended that under Section 24, a person can only be arrested if they fail to appear before NAB, attempt to flee the country, tamper with prosecution records, or are found to be reoffending. He emphasized that none of these conditions applied to his client and that a decision on the voluntary return application was legally required before any arrest. He accused NAB of misusing its authority and requested the court to declare the arrest illegal and order his client's release. After hearing the preliminary arguments, the two-member bench issued a notice to NAB and adjourned further proceedings until July 29. Meanwhile, PHC has rejected the bail application of Assistant Food Controller Khalid Khan, who was arrested in connection with a major wheat embezzlement scandal. The case was heard by a single-member bench headed by Chief Justice Justice SM Atiq Shah. During the hearing, the defense counsel argued that the FIR against his client had been registered by the Anti-Corruption Department without any substantial evidence, and therefore, requested the court to release the accused on bail. However, Additional Advocate General Muhammad Inam Yusufzai informed the court that the accused, Khalid Khan, serving as Assistant Food Controller, had colluded with other individuals to embezzle 1,700 metric tons of wheat from the government warehouse in Azakhel, Nowshera. The misappropriation caused a loss of Rs200 million to the national exchequer. He further stated that an inquiry was conducted, and a case was subsequently registered by the Anti-Corruption Department. The Khyber-Pakhtunkhwa Anti-Corruption Court had earlier dismissed the bail plea on the basis of strong evidence against the accused. After hearing both sides, the High Court also dismissed the bail petition, maintaining the previous ruling.
