Speaker slams PHC over oath order

Swati terms court directive unconstitutional

PESHAWAR:

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 precedent—one 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.