Explanation sought: Proceedings begin in CM, speaker’s disqualification case
Both officials asked to submit written replies within 15 days .
PESHAWAR:
Court proceedings have been initiated in a case seeking the disqualifications of Chief Minister Pervez Khattak and Assembly Speaker Asad Qaiser for participating in the ongoing anti-government protests in Islamabad.
A bench of the Peshawar High Court comprising Chief Justice Mazhar Alam Miankhel and Justice Malik Manzoor Hussain ordered ex parte proceedings on Tuesday as counsels for both Khattak and Qaiser were not present. Ex parte is a decision taken by a judge without requiring the presence of both parties in court.
While granting interim relief to the petitioner who had requested that both officials be restrained from official work till the petition is disposed of, the bench sought written replies from CM Khattak and Speaker Qaiser within 15 days.
Petitioner Muhammad Ayaz Khan, secretary general of the PHC Bar Association, informed the court that both respondents have received notices, but neither they nor their counsels were present before the court.
“Both of them have violated the oath of their respective offices and are actively participating in the protests called by Pakistan Tehreek-e-Insaf Chairman Imran Khan. No one from the advocate general office can represent them in court,” said Ayaz.
Due to their participation in the sit-ins, the problems of the province’s citizens remain unresolved, the petitioner added.
The court then ordered ex parte proceedings and also sought replies from both officials. The provincial chief secretary was also directed to submit a reply while it was decided the hearing would continue next month.
On September 10, the bench of Chief Justice Miankhel and Justice Imranullah issued notices to CM Khattak and Speaker Qaiser and directed them to submit their written replies before the next date of hearing.
The petition filed on September 6 states, “In order to effectuate its demands the PTI and its leadership has become so desperate that it has publically persuaded and pronounced civil disobedience commanding the people of K-P to abstain from paying utility bills and taxes.”
It further states that being members of PTI, Khattak and Qaiser have not only been participating in the ongoing sit-in but they have also been advocating the notion of civil disobedience.
“It was learnt through reliable sources that the CM and speaker utilised public money and resources from the provincial government to finance the sit-in,” the petition reads. It goes on to add that the CM and speaker have sworn oaths to preserve and defend the Constitution but their conduct is a clear violation of the oath and their respective offices. “This renders them liable to be disqualified within the meaning and spirit of the Constitution.”
It also accuses both officials of abandoning their official duties and participating in the sit-in. “The province’s official business is at a standstill, yet the CM and speaker are enjoying official perks and privileges. Is it not an official deceit of the highest degree?” the petitioner questions.
Since mid-August, PTI and Pakistan Awami Tehreek have been holding a sit-in in the federal capital against the federal government. Accusing Prime Minister Nawaz Sharif of coming to power by using unfair means, the leaders of both parties are calling for resignations from the PM and the Chief Minister of Punjab, Shahbaz Sharif.
Published in The Express Tribune, October 15th, 2014.
Court proceedings have been initiated in a case seeking the disqualifications of Chief Minister Pervez Khattak and Assembly Speaker Asad Qaiser for participating in the ongoing anti-government protests in Islamabad.
A bench of the Peshawar High Court comprising Chief Justice Mazhar Alam Miankhel and Justice Malik Manzoor Hussain ordered ex parte proceedings on Tuesday as counsels for both Khattak and Qaiser were not present. Ex parte is a decision taken by a judge without requiring the presence of both parties in court.
While granting interim relief to the petitioner who had requested that both officials be restrained from official work till the petition is disposed of, the bench sought written replies from CM Khattak and Speaker Qaiser within 15 days.
Petitioner Muhammad Ayaz Khan, secretary general of the PHC Bar Association, informed the court that both respondents have received notices, but neither they nor their counsels were present before the court.
“Both of them have violated the oath of their respective offices and are actively participating in the protests called by Pakistan Tehreek-e-Insaf Chairman Imran Khan. No one from the advocate general office can represent them in court,” said Ayaz.
Due to their participation in the sit-ins, the problems of the province’s citizens remain unresolved, the petitioner added.
The court then ordered ex parte proceedings and also sought replies from both officials. The provincial chief secretary was also directed to submit a reply while it was decided the hearing would continue next month.
On September 10, the bench of Chief Justice Miankhel and Justice Imranullah issued notices to CM Khattak and Speaker Qaiser and directed them to submit their written replies before the next date of hearing.
The petition filed on September 6 states, “In order to effectuate its demands the PTI and its leadership has become so desperate that it has publically persuaded and pronounced civil disobedience commanding the people of K-P to abstain from paying utility bills and taxes.”
It further states that being members of PTI, Khattak and Qaiser have not only been participating in the ongoing sit-in but they have also been advocating the notion of civil disobedience.
“It was learnt through reliable sources that the CM and speaker utilised public money and resources from the provincial government to finance the sit-in,” the petition reads. It goes on to add that the CM and speaker have sworn oaths to preserve and defend the Constitution but their conduct is a clear violation of the oath and their respective offices. “This renders them liable to be disqualified within the meaning and spirit of the Constitution.”
It also accuses both officials of abandoning their official duties and participating in the sit-in. “The province’s official business is at a standstill, yet the CM and speaker are enjoying official perks and privileges. Is it not an official deceit of the highest degree?” the petitioner questions.
Since mid-August, PTI and Pakistan Awami Tehreek have been holding a sit-in in the federal capital against the federal government. Accusing Prime Minister Nawaz Sharif of coming to power by using unfair means, the leaders of both parties are calling for resignations from the PM and the Chief Minister of Punjab, Shahbaz Sharif.
Published in The Express Tribune, October 15th, 2014.