PHC gives governor time to submit reply
The Peshawar High Court (PHC) on Thursday granted two days time to Khyber-Pakhtunkhwa (K-P) Governor Haji Ghulam Ali to respond in writing to petitions, seeking orders for the latter to fix the date for provincial assembly's elections.
A two-judge bench of the PHC, comprising Justice Ishtiaq Ibrahim and Justice Syed Arshad Ali, was hearing petitions filed by PTI leaders, seeking a date for holding the general elections of the K-P Assembly within 90 days of the dissolution of the assembly.
PTI leaders, including former federal minister Shibli Faraz, provincial ministers Shaukat Yousafzai and Atif Khan, and ex-governor Shah Farman, appeared in the PHC.
The bench asked why governor didn't submit its reply in the case in time. Advocate General informed the court that Governor Hajji Ghulam Ali had a busy schedule and he was in Mansehra due to university convocation.
He arrived last night and will submit reply within two days.
During the proceedings, the PHC remarked that governor has two days to respond in the case. "Those who don't want to respond they can do so, the bench will hear the case anyway,” remarked Justice Ishtiaq Ibrahim.
He said that if the replies are not submitted then the court will decide the case on the basis of available records because it is a constitutional case and no delaying tactics would be tolerated in this regard.
PTI Chairman Imran Khan was represented by Qazi Muhammad Anwar and other PTI leaders were represented by Shumail Ahmad Bhutt Advocate while government was represented by Advocate General Amir Javed. The bench remarked that it will hear the case from Monday.
The court adjourned the hearing till February 20.
On February 14, PHC had asked the Election Commission of Pakistan (ECP) and governor to submit written replies by Thursday (Feb 16) in response to a PTI petition seeking the announcement of a date for elections in the province.
Published in The Express Tribune, February 17th, 2023.