Peshawar High Court directs Governor Faisal Karim Kundi to administer oath to KP CM-elect Sohail Afridi today
The court says if the governor fails to administer the oath, KP Assembly Speaker Babar Saleem Swati should do so
Governor should reach KP to fulfill his constitutional and legal responsibility: Bilawal
PESHAWAR + KARACHI ( WEB NEWS )
Following many twists and turns, the Peshawar High Court (PHC) on Tuesday directed Khyber Pakhtunkhwa (KP) Governor Faisal Karim Kundi to administer the oath to Chief Minister-elect Muhammad Sohail Afridi at 4:00 PM today (Wednesday).
Announcing the reserved verdict, a PHC bench led by Chief Justice Syed Muhammad Attique Shah directed that if the governor fails to administer the oath, KP Assembly Speaker Babar Saleem Swati should do so.
The PHC announced its reserved verdict on the Pakistan Tehreek-e-Insaf’s constitutional petition filed under Article 255 regarding the delay in the oath-taking of Khyber Pakhtunkhwa’s new Chief Minister.
During the hearing, the court repeatedly questioned the stance of the Khyber Pakhtunkhwa governor over the delay in the oath-taking process.
At the outset, the chief justice asked the Additional Attorney General what the governor had said about the matter. The AAG informed the court that the governor was on an official visit to Karachi and would return today (Wednesday).
The judge then inquired whether the oath would be administered upon his return, to which the AAG replied that the governor had summoned Ali Amin Gandapur. The chief justice remarked that this was a separate issue and asked directly whether the oath would be taken or not.
The AAG responded that the governor would decide according to legal requirements upon his return.
The governor’s counsel, Aamir Javed, stated that the governor went to Karachi after summoning Ali Amin Gandapur and would act in accordance with the law after his return.
Chief Justice Atiq Shah observed that once a chief minister resigns, the resignation becomes effective whether or not it is accepted by the governor.
The governor’s lawyer argued that it was premature to assume the governor would refuse to administer the oath.
The chief justice further asked whether the governor could decide on the oath-taking tomorrow instead of focusing on the resignation issue, noting that Ali Amin Gandapur had already confirmed his resignation on the Assembly floor.
The governor’s counsel contended that since the governor was not present in the province, he could not make any decision without personally reviewing the situation.
PTI’s lawyer Salman Akram Raja argued that Ali Amin Gandapur had resigned and voted for the new Chief Minister, yet the governor was using delaying tactics and might again find a new excuse to postpone the matter.
After hearing arguments from all parties, the court reserved its judgment.
Earlier, the court, presided over by Chief Justice Atiq Shah, issued a written order stating that the additional attorney general should ascertain the availability of the Governor before 1:00 PM and report back to the court.
The written order noted that the resignation of the previous Chief Minister Ali Amin Gandapur, had been submitted to the governor but not yet officially accepted. Furthermore, CM Sohail Afridi was elected on October 13, and his nomination papers had been submitted on time by all candidates, including opposition members. Despite this, the swearing-in had been delayed, with opposition leaders expressing concerns about the election process.
In the order, the court acknowledged that further delays in the swearing-in would disrupt the governance of the province, emphasizing the need for immediate action.
The additional attorney general drew attention to Article 255(2), which prohibits further delay, but clarified that the Governor is expected to be available by October 15.
Meanwhile, the Jamiat Ulema-e-Islam (JUI-F) has also approached the PHC, challenging the election process of the CM-elect.
Governor should reach KP to fulfill his constitutional and legal responsibility: Bilawal
Chairman of the Pakistan People’s Party, Bilawal Bhutto Zardari, commenting on the oath-taking of newly elected Chief Minister of Khyber Pakhtunkhwa Sohail Afridi said that the Governor should reach Khyber Pakhtunkhwa. He added that the Sindh Chief Minister should provide his plane so that the Governor KPK can fulfill his constitutional and legal responsibility in accordance with the court’s order.
Bilawal Bhutto Zardari said that Sindh is not competing with any other city or province, but with the developed countries of the world. A dedication ceremony of a short novel by Mian Raza Rabbani on the problems faced by children in war-torn areas was held at Arts Council of Pakistan Karachi.
Speaking at the ceremony, Bilawal Bhutto said, “I congratulate Raza Rabbani on the dedication of his book. He is dedicating it to the children of Gaza. Every Pakistani stands with Gaza. Like the majority of the world, the people of Pakistan are with Palestine. In history, the country that has violated ceasefires the most is Israel. In the last two years, the world has witnessed massive genocides.
“I appreciate Pakistan’s foreign policy on the Palestine issue and hope the ceasefire in Gaza will continue to protect the children and people of Gaza and Palestine,” he remarked.
He added that the book has also received the Patras Bukhari Award for Best Book. Bilawal Bhutto further said, “For the past two years, we have been witnessing, with despair, the genocide in Gaza before our eyes. Although there is a ceasefire now, it is the Zionist government that has broken the most ceasefires in history.”
Moreover, Bilawal Bhutto paid rich tribute to the late Rashid Hussain Rabbani on his death anniversary, remembering him as a lifelong and devoted Jiyala who dedicated every moment of his life to the ideology of Quaid-e-Awam Shaheed Zulfikar Ali Bhutto and Shaheed Mohtarma Benazir Bhutto.
The Chairman PPP, in his message, said that Rashid Rabbani was a symbol of loyalty, courage, and steadfastness. He added that the sacrifices and services of Rashid Rabbani will always be remembered with deep respect and gratitude.
“He continues to inspire generations of Jiyalas who draw strength from his unwavering faith in the PPP’s struggle for democracy, equality, and social justice,” Bilawal Bhutto Zardari concluded.