Means and ends: Petition seeking CM Khattak, Speaker Qaiser’s disqualification withdrawn

PHCBA GS says no point in pursuing as sit-ins ended, parties united against terrorism.

A petition seeking the disqualification of Khyber-Pakhtunkhwa Chief Minister Pervez Khattak and Assembly Speaker Asad Qaiser was withdrawn from the Peshawar High Court on Tuesday.

The division bench of justices Nisar Hussain Khan and Qalandar Ali Khan dismissed the petition after it was withdrawn by PHC Bar Association (PHCBA) General Secretary Muhammad Ayaz Khan.

During the course of the hearing, Ayaz Khan told the court he had filed the petition on the grounds that the two officials were taking part in anti-government protests, whereas Pakistan Tehreek-e-Insaf Chairperson Imran Khan had announced a civil disobedience movement. Ayaz said the sit-ins had now ended and all political parties stood united against militancy.  As a result, Ayaz was now willing to withdraw the petition. The court consequently dismissed the petition after it was withdrawn.



On November 13, 2014, K-P chief secretary informed the PHC that the chief minister and provincial assembly speaker had not issued any orders to support civil disobedience and neither advocated it.

“It is completely incorrect that the CM and speaker attacked the Parliament House and PTV,” he said at the time. “It is also wrong to say that public money and resources of the provincial government were used,” stated his written reply. “The petition is not maintainable against Respondent 1 (the CM) as he is not answerable to any court for the exercise of powers and performance of functions in respect of his office. The allegations in the petitions are not supported by any document.”

On October 13 of the same year, the court ordered ex parte proceedings as written comments had not been filed by either the counsel for the CM or speaker. Ex parte is a legal term through which a decision can be taken by a judge when all parties concerned with a case are not present in court.

“It is learnt through reliable sources that the CM and speaker utilised and consumed public money and resources from the provincial government to facilitate and finance the sit-in/protest which I consider to be dishonesty and corruption of the worst degree” Ayaz Khan’s petition read.

It added the CM and speaker had sworn an oath to preserve and defend the Constitution, but their conduct clearly broke the vows of their respective offices and made them liable to disqualification.

The petitioner said when PTI chairman announced the civil disobedience movement, Khattak endorsed it the next day and had been actively participating in the protest in Islamabad.

The petition further clarified that the CM and speaker abandoned their official activities for the demonstrations against the federal government. It added official business in the province had ground to a halt, while Khattak and Qaiser continued to enjoy official perks and privileges.

Published in The Express Tribune, April 1^st, 2015.