The KP Assembly deputy speaker’s official residence is to be provisionally de-sealed after the Peshawar High Court (PHC) directed the relevant authorities on Wednesday to open the premises, which have been non-functional since governor’s rule and an emergency were imposed in Khyber Pakhtunkhwa on October 11. The court also restrained law enforcement agencies from arresting Deputy Speaker Suriya Bibi until further orders.
What the Court Ordered
The directives were issued by a two-member bench comprising Justice Ijaz Anwar and Justice Muhammad Faheem Wali, which heard Bibi’s plea against the sealing of her residence and her anticipated arrest under Section 3 of the Maintenance of Public Order Ordinance, according to Dawn. The bench also issued notices to the provincial government, the provincial inspector general of police and other officials, seeking their replies. A written order was yet to be released. The Express Tribune reported that the court suspended the notification under which the residence was sealed, while Chitral Today reported that the authorities were told to restore access to the premises forthwith.
Petition Over the KP Assembly Deputy Speaker’s Official Residence
Appearing for the petitioner, Advocate Yasir Khattak argued that Bibi, as the elected deputy speaker, holds a constitutional office and is entitled to perform her functions without unlawful interference or arbitrary executive action. He relied on Section 20 of the KP Provincial Assembly Speaker and Deputy Speaker (Salaries, Allowances and Privileges) Act, 1975, which he said entitles her to a fully furnished official residence in Peshawar for her entire tenure. She was allotted a residence at Race Course Garden in Peshawar through a notification dated June 3, 2024, he told the court.
The counsel claimed that police raided the residence after governor’s rule was imposed and that, on the night of October 14, officials again entered the premises without notice and locked the house. He argued that this deprived the petitioner of access to her belongings, including official documents. In his submission, the imposition of an emergency or governor’s rule did not by itself give lawful authority to seal the residence. He also said that Bibi was not seeking immunity from any lawful and bona fide action, but that arbitrary or unauthorised interference could be challenged before the court. According to the Express Tribune, he added that the speaker and deputy speaker continue to hold their offices until a new assembly is formed and described the action as political victimisation.
Relief Sought by Suriya Bibi
In her petition, Bibi asked the court to declare the sealing of her residence unlawful, unconstitutional and in violation of due process. She also asked for directions to the provincial government and the police chief to de-seal the premises immediately and restore her access and possession. She further sought an order restraining the authorities from arresting or detaining her under Section 3 of the Maintenance of Public Order Ordinance and from interfering with her access to the residence or removing her belongings and documents. The respondents include the chief secretary, the KP governor, the inspector general of police, the Peshawar deputy commissioner and the Administration Department secretary.
Governor’s Rule and the Political Backdrop
The federal government imposed the emergency and governor’s rule in the province on October 11, citing what it described as the provincial government’s deliberate disengagement from the fight against terrorism, Dawn reported. Political tensions between the Centre and the opposition, including the Pakistan Tehreek-e-Insaf (PTI), which had been in power in the province, had been high in the preceding days after the party announced a protest march to Islamabad to demand the release of Imran Khan.
After governor’s rule was imposed, Chief Minister Sohail Afridi, Assembly Speaker Babar Saleem Swati and other PTI leaders were taken into preventive custody, according to Dawn. A case has also been registered against Bibi for allegedly refusing to return an official vehicle, the newspaper reported. The reports reviewed do not carry any response from the provincial government or the police to the claims made in the petition.
What Happens Next
The order is provisional and the respondents have yet to file their replies. The court’s written order, once released, will show the precise terms on which the premises are to be reopened and how the restraint on arrest is framed. For now, the Peshawar High Court has stopped the authorities from arresting the deputy speaker and has ordered the reopening of the KP Assembly deputy speaker’s official residence while the petition remains pending.
Follow SouthAsianDesk on X, Instagram and Facebook for insights on business and current affairs from across South Asia.
