Latest news with #PeshawarHighCourt
Express Tribune
19 hours ago
- Politics
- Express Tribune
Judge issues K-P CM's arrest warrants again
A judicial magistrate in Islamabad has once again rejected Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur's request for exemption from attending proceedings of a case related to possession of liquor and illegal weapons and maintained his arrest warrants. On Monday, Gandapur again failed to appear in the court of Judicial Magistrate Mubashir Hassan Chishti despite being summoned. His lawyers were also absent. Judge Chishti remarked that even after multiple calls for the case, no one appeared in court. He granted a final deadline for Gandapur until Monday 2:30pm to record his statement under Section 342 of the Criminal Procedure Code. The court then adjourned the proceedings until that time and warned that failure to appear would result in the forfeiture of the right to record the statement. When the session resumed, Gandapur's lawyer Raja Zahoor-ul-Hasan came to the rostrum and filed a request for exemption from appearance, citing Gandapur's engagement in the Senate elections. Judge Chishti, however, asked him either to record the 342 statement or lose the right to do so. The lawyer gave an undertaking assuring that Gandapur would appear in the next hearing. He said seven co-accused had already been acquitted, and a petition for Gandapur's acquittal was also pending. The judge noted that the K-P CM had previously committed to appearing in court and recording the statement himself, and that the date had been set according to his own convenience. The lawyer stated that the Peshawar High Court had granted bail to Gandapur in all related cases, and requested one more date for the 342 statement to be recorded. Judge Chishti told the lawyer to submit the necessary applications, saying he would issue an order shortly. Later, the court rejected the exemption request and maintained the arrest warrants, ordering that Gandapur be arrested and produced in court. The judge adjourned proceedings until July 22 (today). The case dates back to Oct 2016, when the Islamabad police claimed to have recovered five Kalashnikov assault rifles, a pistol, six magazines, a bulletproof vest, alcohol and three tear gas shells from a vehicle belonging to the PTI leader outside Bani Gala. The case was registered at Bara Kahu Police Station. The same judge on July 19 issued non-bailable arrest warrants for the K-P chief minister and directed the station house officer (SHO) concerned to ensure his production before the court.
Express Tribune
20 hours ago
- Politics
- Express Tribune
PHC seeks replies in oath challenge
The Peshawar High Court (PHC) has issued notices to the federal government, the Attorney General of Pakistan, the Election Commission of Pakistan (ECP), and other parties in response to constitutional petitions filed by Khyber-Pakhtunkhwa Chief Minister Ali Amin Gandapur and Provincial Assembly Speaker Babar Saleem Swati. The petitioners have challenged the Chief Justice of the Peshawar High Court's directive, which authorized the Governor to administer oaths to members elected on reserved seats outside the assembly premises. The court has sought written replies from all respondents by August 5. A two-member bench comprising Justice Ejaz Anwar and Justice Faheem Wali presided over the hearing. During proceedings, the judges raised serious constitutional questions and expressed skepticism over the maintainability of the petitions, especially that of the Chief Minister. Justice Ejaz Anwar remarked that the matter primarily concerns the Speaker of the Assembly and not the Chief Minister, stating, "The Speaker is the affected party here. The Chief Minister is not an aggrieved person." Justice Faheem Wali also questioned Gandapur's legal standing, asking, "In what capacity has the Chief Minister filed this petition? He already fulfilled his role." The hearing saw the presence of K-P Advocate General Shah Faisal Utmankhel, Additional Attorney General Sanaullah, Speaker's counsel Waqar Khan, and other legal representatives. Justice Ejaz Anwar, while addressing the Advocate General, noted that had the oath not been administered, the members would not have been able to vote in the Senate elections. "The fact that they voted shows the oath was essential," he observed. Speaker Swati and CM Gandapur, through their respective counsels, contended that the oath-taking held at Governor House was unconstitutional. They argued that Article 65 of the Constitution clearly stipulates that members must take oath within the Assembly, and that the Speaker had not refused to administer the oath - the session was simply adjourned due to a lack of quorum. The petitions further claim that Article 255(2), which allows for alternative oath-taking arrangements in case of impossibility, was misapplied. "There was no refusal from the Speaker or the Chief Minister. A session had already been convened. Therefore, the conditions for invoking Article 255(2) were not met," the petitioners argued. They maintained that the Chief Justice's administrative directive instructing the Governor to administer the oath was a constitutional overreach. The oath-taking ceremony, held at the Governor House on a Sunday, followed a request made to the Chief Justice by newly elected members on reserved seats. In their letter, they expressed concerns over being denied the opportunity to vote in the upcoming Senate elections. Acting on this letter, the Registrar of the High Court issued an official directive, authorizing the Governor to administer the oath under Article 255(2)".
Express Tribune
20 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.
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.
