Constitution gives me immunity: K-P governor

Ghulam Ali says PHC cannot summon him

PESHAWAR:

Khyber-Pakhtunkhwa (K-P) Governor Haji Ghulam Ali has said that the Peshawar High Court (PHC) could not summon him as he enjoyed constitutional immunity.

Talking to journalists in Peshawar about the PTI petition in the PHC regarding fixing the date for the elections in which court has ordered the governor to submit a reply, Haji Ghulam Ali said that he has respect even for civil court, but as a governor, the PHC could not summon him.

“We are worried about the life and property of the general public due to the current law and order situation in the country,” he said and added but despite this “we want peaceful elections.”

He said the Election Commission of Pakistan (ECP) informed the court that it had no money or staff and no one was willing to provide it with security personnel.

“We should hold consultations about the elections. I urged them not to dissolve assemblies. I am the constitutional head (of the province) and I could summon anyone to get details.

“I have to think about the law and order situation, ease of movement for voters in the elections,” he observed

The governor added that he directed the ECP to hold consultations with all stakeholders on the matter but the proposal was taken lightly by the commission.

Background

The Peshawar High Court (PHC) on Thursday granted two-day time to the Khyber-Pakhtunkhwa (K-P) Governor Hajji Ghulam Ali to respond in writing to petition 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 date for holding the general elections of 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 Haji 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.

 

Published in The Express Tribune, February 19^th, 2023.