Illegal nomination?: PHC gives govt 14 days to reply on governor’s appointment

Petitioners argue Shaukatullah, a resident of Bajaur, is ineligible to be province’s governor.

PESHAWAR: While hearing petitions against the appointment of Governor Shaukatullah Khan, the Peshawar High Court (PHC) on Thursday ordered the federal government to submit its reply within 14 days.

A PHC division bench, comprising Justice Mazhar Alam Miankhel and Justice Nisar Hussain, was hearing the petitions.

The governor’s counsel Imtiaz Ali told the bench Shaukatullah Khan has submitted a written reply, but the Ministry of Law and Parliamentary Affairs and the Cabinet Division are yet to respond. Ali argued that without their statements, the case cannot proceed.



Jamil Warsak, the counsel for the federal government, asked for more time to submit a written response in court. Warsak also argued that the presence of the attorney general of Pakistan and advocate general of K-P is necessary as the bench had previously ordered.

The second petitioner Gauhar Rehman said the governor belongs to Bajaur Agency but according to the Constitution a governor of a province must be a registered voter of that province.

Journalist Shahid Orakzai also appeared before the court and presented the same argument. Orakzai maintained that since the appointment was illegal, it must be revoked immediately.

Shaukatullah took oath on February 10, 2012 and replaced Barrister Masood Kausar.

When the issue of his eligibility as a governor arose after his appointment, Shaukatullah Khan responded to accusations regarding his eligibility as the governor of the province in his address to the media. “I am a citizen of Pakistan, hailing neither from Afghanistan nor any other country,” he said.

“It’s true; I belong to the tribal belt but is Fata not part of Pakistan?” he questioned, adding his appointment was according to the Constitution and any criticism leveled should be soundly backed.

Published in The Express Tribune, June 21^st, 2013.