The governor’s appointment is legal in presence of Article 1 of the Constitution, says CJ Khan. PHOTO:FILE
The Peshawar High Court (PHC) has summoned the attorney general and Khyber-Pakhtunkhwa (K-P) advocate general to assist the court with legalities over the appointment of Shaukatullah Khan, a resident of tribal areas, as the governor of K-P.
PHC Chief Justice (CJ) Dost Muhammad Khan and Justice Irshad Qaisar issued the notices while hearing two petitions. The petition filed by Advocate Gohar Rehman Khattak contends that according to post-amendment Article 101(2), the governor should be a registered voter and resident of the concerned province. The second seeks a change in the said clause, asking to allow tribal residents to hold the seat of K-P governor.
The bench maintained Article 1 terms the tribal areas part of the country. Senators and MNAs can be elected from there. “He was exclusively appointed to rule Fata,” the court added. It observed that it might have happened due to the negligence of authorities in acknowledging Fata as a part of Pakistan.
CJ Khan also remarked the governor’s appointment is legal in presence of Article 1 of the Constitution. The bench issued pre-admission notices to federal secretary cabinet, secretary election commission, secretary ministry for justice and parliamentary affairs among others, seeking a reply within 25 days.
Published in The Express Tribune, March 13th, 2013.
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