PESHAWAR: The Peshawar High Court (PHC) issued a directive on Wednesday instructing Khyber Pakhtunkhwa Assembly Speaker Babar Saleem Swati to administer the oath to the lawmakers elected on reserved seats.
This decision followed a verdict by a two-member bench of the PHC, comprising Justice Attique Shah and Justice Shakeel Ahmad, which had earlier reserved judgment on a petition filed by opposition parties in the provincial assembly regarding the swearing-in of these members.
The oath-taking on reserved seats in Khyber Pakhtunkhwa has sparked controversy due to a deadlock between the provincial government and opposition parties. The opposition parties, including the Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples Party (PPP), and Jamiat Ulema-e-Islam-Fazl (JUI-F), approached the PHC seeking timely oath-taking of members, citing their participation in the upcoming Senate elections.
This issue holds significant importance for both ruling and opposition parties, especially concerning the Senate polls scheduled for April 2, as it will impact the distribution of seats from the province.
The Sunni Ittehad Council (SIC), holding a clear majority in the assembly, aims to postpone the oath-taking, at least until after the Senate polls, as it could influence the outcome.
During the hearing, Justice Shakeel Ahmad raised concerns about whether the speaker was refusing to administer the oath. Swati’s lawyer clarified that the governor’s orders for summoning the assembly session came via the opposition leader for the first time. The lawyer reiterated that the speaker can only issue summons when one-fourth of the members request it.
The court was informed that Article 109 of the Constitution grants the governor the authority to summon the assembly session. However, Justice Attique Shah emphasized that neither the president nor governors can summon a session without consulting the government first.
The advocate general argued that Article 65 of the Constitution mandates oath-taking during the assembly session, highlighting that it is the members’ right to be sworn in as they have already been notified.
The court expressed disappointment over the delay in the oath-taking ceremony, suggesting that the assembly session might not be summoned until April 2. The court reserved the verdict on the plea.
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