Acting governor be given full access to Governor's House: SHC
In a constitutional petition, Syed Awais Qadir Shah, who is also the Speaker of the Sindh Assembly, pleaded that despite Governor Sindh Kamran Tessori being abroad, and as per Article 104 of the Constitution, which mandates the Speaker to perform the Governor's functions, he was being denied access to the Governor House and its associated offices.
The petitioner's counsels, Barrister Azain Memon and Zubair Ali Butt, argued that the Principal Secretary had repeatedly refused the petitioner and his staff access to the Governor House, despite formal requests; this denial hindered the Acting Governor's ability to perform his official duties.
The court was informed that the denial of access was not an isolated incident but had occurred multiple times, including on the day of the hearing. The petitioner sought immediate and unobstructed access to the Governor House and its resources to discharge his duties as Acting Governor.
The Advocate General Sindh, Jawad Dero, stated that the Acting Governor was legally entitled to use the Governor House for official business. The court, after interpreting Article 104, concluded that the petitioner could not be denied access to the Governor House to carry out his official duties.
The court directed the Principal Secretary to provide immediate access to the Acting Governor to all rooms, offices, and chambers in the Governor House, except the residential portion, to enable him to perform his official duties.
Copyright Business Recorder, 2025
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Express Tribune
2 hours ago
- Express Tribune
Punjab PA speaker 'overplayed his hand'
From questioning the honourability of suspended assembly members to calling their disorderly conduct a sheer violation of oath warranting disqualification, Punjab Assembly Speaker Malik Muhammad Ahmad Khan has now taken a sharp U-turn — asking PML-N lawmakers to approach the judiciary to prove the veracity of their claims. The climbdown has raised eyebrows with some suggesting that the speaker, who had wrapped himself in the flag of constitutionalism, may have overreached and was now quietly trying to retreat. Pitched as a principled stand against parliamentary disorder, the move is now being read as an overzealous solo flight. In the aftermath of the ruckus on the assembly floor, Speaker Malik had initially come out fuming against 26 Punjab Assembly members, making a case for their disqualification. To give the disqualification bid legal cover, it was reported that applications were submitted to the speaker's office demanding action against the 26 lawmakers. While visiting the Election Commission of Pakistan (ECP) headquarters — where he was widely misquoted by mainstream and legacy media as having filed a reference against the lawmakers — the speaker, while remaining vague about the reference's status, said the members' actions had violated their oath. At the time, he had said such MPAs, whether from the opposition or treasury benches, had no right to remain in the House. When asked in Islamabad whether he should have shown restraint, the speaker responded bluntly that his role was to maintain order in the House. He conceded the disqualification attempt was his own initiative. Referring to the oath violation, he said he would "fight for the honour of the Constitution" and that "whoever becomes a casualty in this fight would have only their fate to blame". Speaker Malik remained one of the most vocal proponents of disqualifying the involved members. It is pertinent to mention that The Express Tribune had earlier reported that legal experts did not see merit in the speaker's contention that members could be disqualified merely for disorderly conduct. The newspaper had also reported that the speaker had floated the idea of disqualification as a means to gain leverage over opposition lawmakers, using the threat as a smokescreen, particularly given the legal complications and consequences of such a move. Now, with his new position — asking his party members to first establish in court that a grave violation occurred before he can take cognisance — the speaker appears inconsistent with his earlier stance. It was revealed that by recording his view in writing, the speaker aimed to extricate himself from the controversy surrounding the disqualification reference. However, it was noted that the speaker had overplayed his hand. One source said that a provincial minister should have taken the lead in advocating for disqualification publicly to make it clear they were acting based on the Panama judgment.
Express Tribune
7 hours ago
- Express Tribune
Gandapur to challenge governor's oath-taking of 25 lawmakers on reserved seats
Listen to article Khyber-Pakhtunkhwa (K-P) Chief Minister Ali Amin Gandapur has announced plans to legally challenge the oath-taking ceremony of reserved seat lawmakers held at the Governor House on Sunday, terming it unconstitutional. 'Administering oaths at the Governor House on reserved seats violates the Constitution, which clearly states it must be done on the assembly floor. The speaker never refused—only adjourned the session due to lack of quorum,' Chief Minister Gandapur maintained. The statement came after Khyber-Pakhtunkhwa (K-P) Governor Faisal Karim Kundi has administered the oath to 25 members of the provincial assembly on reserved seats for women and minorities, following an intervention by the Peshawar High Court (PHC) on Sunday. According to Express News, the chief minister has decided to file a petition in the Peshawar High Court (PHC) against the swearing-in of members elected on reserved seats for women and minorities outside the provincial assembly. Advocate General of K-P, Shah Faisal Utmankhel, cited Article 65 of the Constitution, which he said mandates that assembly members must be sworn in on the floor of the House. 'The speaker did not refuse to administer the oath; the session was adjourned due to lack of quorum,' he explained. Utmankhel added that the assembly session was already scheduled for July 24. 'In this context, administering oaths at the Governor House is unconstitutional. Article 255(2) only allows for exceptions in cases of impracticality,' he said. Read More: CM Gandapur moves PHC for PTI recognition He further clarified that the chief minister and the speaker did not refuse their constitutional roles, and that a session was duly convened. The government, he said, will challenge the governor's move in court. 'The petition is ready and will be filed tomorrow due to court holidays today.' The speaker of the provincial assembly is also expected to file a separate petition challenging the Governor House ceremony. Meanwhile, K-P Information Adviser Barrister Saif sharply criticised the ceremony, calling it 'an oath taken over democracy's dead body.' He said the speaker had not cancelled the session but merely postponed it due to incomplete quorum. 'This act tramples on democratic traditions,' said Saif. He also accused the Election Commission of 'misleading the public' and acting on directives from the federal government. 'The ECP is determined to eliminate PTI,' he added, warning of legal consequences. Saif called the oath 'unconstitutional and illegal' and said the Election Commissioner would be held accountable for the controversial February 8 elections as well. 'What's being done to the Constitution and law is unprecedented,' he said. Read More: Governor K-P administers oath to 25 lawmakers after PHC intervention The oath taking ceremony was held at Governor House in Peshawar. Representatives of the Election Commission, Khyber-Pakhtunkhwa Assembly staff, and other relevant government officials were also present at the oath-taking ceremony. Earlier in the day, a scheduled assembly session to administer the oath was disrupted when quorum was challenged soon after proceedings began. As a result, Speaker Babar Saleem Swati adjourned the session until July 24 at 2 PM. Opposition parties subsequently approached the Peshawar High Court (PHC) to ensure the swearing-in of the newly elected lawmakers. In response, the court directed the provincial governor to administer the oath in lieu of the assembly speaker.
Express Tribune
a day ago
- Express Tribune
Speaker puts brakes on PTI MPAs disqualification move
Listen to article Punjab Assembly Speaker Malik Muhammad Ahmad Khan apparently put the matter of PTI disqualifications to rest on Saturday by ruling the disqualification applications against 26 suspended lawmakers as non-maintainable, but by passing the buck to the judiciary and election tribunal. The sword of litigation still dangles over the suspended lawmakers, with the speaker making it clear that while his doors were not closed, the petitioners must first knock on the right ones, by securing a declaration from a court of competent jurisdiction before revisiting his office. In a move seen as a political de-escalation, the speaker has dismissed the applications filed against 26 suspended opposition lawmakers, following a successful round of talks between the treasury and opposition benches. A six-page ruling signed by the speaker outlines the rationale for rejecting the four separate applications, which sought to disqualify the PTI-affiliated MPAs over their disorderly and abusive conduct during the budget session. The move to dismiss the applications gained momentum after recent behind-the-scenes negotiations between government and opposition leaders bore fruit. According to sources, the reinstatement of the suspended MPAs is now expected soon. It is noteworthy that Speaker Khan had earlier suspended the 26 PTI lawmakers under Rule 210(3) of the Rules of Procedure of the Provincial Assembly of the Punjab, 1997, following their disruption of Chief Minister Maryam Nawaz's speech on June 27. In his detailed ruling, Speaker Khan noted: "Though serious legal and constitutional violations, including constitutional oath, have been alleged by the applicants, these violations first need to be established in a court or tribunal of competent jurisdiction before I could decide whether a question of qualification has arisen in terms of Article 63(2) of the Constitution and refer the question to the Election Commission of Pakistan." "The people are the source of all power, and through their vote, they confer trust — not to be undone without the gravest reasons. To disqualify a representative is not merely to silence a voice — it is to disenfranchise people. For an elected House is not only a chamber of laws; it is the echo of the people's will. That voice must not be silenced," he added. The speaker ruled that references to past cases, such as the Panama Papers and other disqualification jurisprudence under Articles 199 and 184(3) of the Constitution, were not valid in the current context. Such petitions, he noted, could undermine freedom of speech in the House and nullify the opposition's presence. Article 19 protects robust debate — even if abrasive — subject to reasonable legal restrictions. "These restrictions are found in our Rules, not in threats of permanent disqualification. Let the welfare of the people be the supreme law, the Assembly must remain a forum where dissent is voiced, not extinguished," the ruling stated. Speaker Khan stressed that the welfare of the electorate is best preserved when the House handles internal disorder itself, without disenfranchising voters' chosen representatives. He also expressed concern about many members' lack of familiarity with assembly rules, legislative processes, and the effective use of standing committees. He called for targeted training to uphold parliamentary supremacy and democratic accountability. "As elected representatives, we must legislate responsibly, put an end to political victimisation, and work together to uphold the supremacy of the people's Assembly and protect our democracy. Political parties are, after all, the true guardians of democracy and the responsibility to uphold the democratic functioning of the House lies with all of them collectively," the speaker added. He called for inter-party dialogue reminiscent of the Charter of Democracy to ensure the Assembly functions effectively as a space for public interest and genuine debate. Referring to political theory, Khan noted: "Modern societies are built upon dialogue; as Jürgen Habermas wrote, 'The public sphere is that realm of our social life in which something approaching public opinion can be formed,' underscoring that free, inclusive and reasoned discourse within parliaments forms the bedrock of democratic communities. Safeguarding this vital exchange of ideas is indispensable for our collective democratic future." In a strong critique of constitutional clauses historically used to undermine democracy, Speaker Khan declared: "As Speaker and a political worker, I firmly oppose anti-democratic constitutional provisions. This includes the infamous Article 58(2)(b), and Articles 62 and 63, all imposed by authoritarian dictators, notably General Zia-ul-Haq. These Articles have historically been weaponised to unjustly target elected politicians. We must end this vicious cycle; the Panama Case cannot become another tool like Article 58(2)(b). Otherwise, we succumb to Nietzschean nihilism, believing time is a flat circle and we are condemned to repeat mistakes." He asserted that misuse of these Articles undermines the constitutional right to political association and representation under Article 17. Disqualifying elected representatives on allegations or technicalities violates the presumption of innocence, disenfranchises voters and erodes the legitimacy of parliament. "The disqualification of elected representatives has deep roots in Pakistan's history. Early examples are the Public Representative Offices Disqualification Act 1949, and Elective Bodies Disqualification Order (EBDO) 1959. These 'backdoor tools' have consistently served non-democratic elements," the speaker stated. He criticised political parties for occasionally abetting such practices, citing the Panama "show trial" as an example of judicial overreach that continues to affect the political landscape through undemocratic means. "This destructive chain must be broken," Speaker Khan emphasised. "The very fact that the Constitution has been exploited this way means such challenging questions can be, and have been raised." He called upon the federal parliament to remove such dictatorial remnants from the Constitution to reclaim democratic values. Concluding his remarks, Speaker Khan affirmed: "During my tenure as Speaker, I will work to uphold parliamentary rule and the principles of representative constitutional democracy, as envisioned by our great Islamic Republic's founding fathers."
