PHC directs K-P assembly speaker to administer oath to Baldev Kumar

Counsel for Kumar argues that judicial orders in the case not being followed by K-P government


Hidayat Khan April 05, 2018
PHOTO: PPI

PESHAWAR: The Peshawar High Court on Thursday directed Speaker of Khyber-Pakhtunkhwa Assembly Asad Qaiser to immediately administer oath to Baldev Kumar as a member of the provincial legislature.

The directive was issued by a two-member bench during the hearing of a petition filed by Kumar which argued that a 'well-orchestrated conspiracy' was behind the executive authority disregarding judicial orders regarding his oath-taking.

Kumar's lawyer sought to inform the court that the tenure of the current assembly is set to expire in a few weeks, and Kumar should immediately be administered the oath as per the directives of the Election Commission of Pakistan (ECP), which has already notified Kumar as a member of the K-P assembly.

Compliance failure: Contempt notice issued to K-P assembly speaker

Justice Qalandar Ali Khan, who is heading the bench, also directed the speaker to ensure a congenial environment at the assembly hall, before Kumar is brought for oath taking.

Qaiser had previously appeared before the bench and pleaded that he was ready to administer oath to Kumar, but the members of the provincial legislature were not allowing him to do so.

Qaiser told the court further that he feared a law and order situation might arise if he went ahead with the oath-taking.

During the hearing, a K-P government lawyer also told the court that court orders in this regard were being obeyed, but it was due to lack of quorum that Kumar was not administered oath.

K-P assembly: Deputy speaker’s controversial move sparks protest

The bench has also directed other respondents in the case, including MPA Arbab Jahandad, who had hurled a shoe at Kumar, Shah Farman, Mehmood Bethani, Maulana Lutfur Rahman and Maulana Fazali Ghafoor, to explain to court in writing their behaviour in the assembly.

In the earlier hearing of the case, they were also directed to submit a written response but failed to comply with the order. The court noted that if they could not submit a written response, they would have to appear before the court in person at the next hearing.

COMMENTS

Replying to X

Comments are moderated and generally will be posted if they are on-topic and not abusive.

For more information, please see our Comments FAQ