A two-member bench of the Peshawar High Court (PHC) comprising Justice Ejaz Anwar and Justice Dr Khurshid Iqbal, has permitted the Khyber-Pakhtunkhwa Governor and his staff to use the Governor House in Nathia Gali for official purposes free of charge. The court also issued a notice to the provincial government, seeking an explanation over its alleged plans to convert the historic property for commercial use.
The ruling came during the hearing of a petition filed against the provincial government's move to repurpose the Governor House as a rest house. Representing the petitioner, advocates Shumail Ahmad Butt and Shiraz Butt argued that under Article 101(3) of the Constitution, a Governor is entitled to official residences as determined by a Presidential Order. According to a standing Presidential Order from 1975, governors are allowed to use designated official residences without charge. In K-P, these include the Governor Houses in Peshawar and Nathia Gali.
The petitioners informed the court that the provincial government had recently reclassified the Nathia Gali Governor House as a public rest house and handed its management over to the tourism department, which began renting out rooms, charging up to Rs40,000 per night. They maintained that the site holds constitutional and historical importance and cannot be converted without due process.
The petition further stated that no sitting governor had ever consented to the conversion or declassification of the property and that any change to its status would require a new Presidential Order.
The example of Punjab was cited, where the transfer of a Governor House was made lawfully through such an order.
The court accepted the arguments and ruled in favor of Governor Faisal Karim Kundi, allowing him continued use of the Nathia Gali residence for official functions. It also asked the provincial government to formally respond to the matter.
Meanwhile, PHC has issued a notice to the K-P government, seeking a formal response over its failure to establish a law university in the province despite clear court orders. The notice was issued during the hearing of a contempt of court petition filed against the provincial government.
A two-member bench comprising Justice Ijaz Anwar and Justice Dr Khurshid Iqbal presided over the proceedings. The petition was filed by Peshawar High Court Bar Association President Aminur Rehman Yousafzai, who appeared in court alongside General Secretary Advocate Ashfaq Dawoodzai and Advocate General KP Shah Faisal Utmankhel.
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