PHC stays arrest of K-P Assembly deputy speaker, orders de-sealing of official residence

Bench seeks replies from chief secretary, IGP on Suraiya Bibi's petition

PESHAWAR:

The Peshawar High Court (PHC) on Wednesday restrained the police from arresting Khyber-Pakhtunkhwa Assembly Deputy Speaker Suraiya Bibi under the Maintenance of Public Order (MPO) Ordinance and suspended the administration’s notification sealing her official residence.

A two-member bench comprising Justice Ijaz Anwar and Justice Muhammad Fahim Wali heard the writ petition filed by the deputy speaker through her counsel, Advocate Yasar Khattak. The court issued notices to the chief secretary, inspector general of police and other relevant authorities, directing them to submit their replies by the next date of hearing.

Counsel for the petitioner told the court that Suraiya Bibi was allotted the official residence in 2024 in her capacity as deputy speaker. Following the imposition of emergency and Governor’s Rule in the province on October 11, police raided her residence on October 14 and sealed the premises, an action he described as illegal.

Read: K-P speaker, deputy set for enhanced privileges

Khattak argued that even under emergency and Governor’s Rule, the official residence of the deputy speaker could not be sealed without fulfilling legal requirements. He sought orders restraining her arrest under 3-MPO and directing the authorities to de-seal the residence, contending that the moves amounted to political victimisation.

The lawyer further submitted that both the speaker and deputy speaker continue to hold their constitutional offices under the law until a new assembly is formed, and any such action against them is ultra vires the Constitution and the law.

After hearing the arguments, the bench stayed Suraiya Bibi’s arrest under 3-MPO and suspended the notification sealing her official residence pending further proceedings.