PESHAWAR: The Khyber Pakhtunkhwa government on Thursday requested the Peshawar High Court to reject a petition seeking disqualification of Chief Minister Pervez Khattak and Speaker of the provincial assembly Asad Qaisar over participation in the Pakistan Tehreek-i-Insaf’s civil disobedience campaign.

Peshawar High Court Bar Association secretary general Ayaz Khan had moved the court against the chief minister and the assembly speaker, saying the two had taken oath under the Constitution and that by openly joining the civil disobedience movement of their party, the PTI, they had violated oath of their respective offices.

The respondents in the petition are Pervez Khattak, Asad Qaisar and the provincial government through the chief secretary.

Before a bench consisting of PHC Chief Justice Mazhar Alam Miankhel and Justice Haider Ali Khan, Khyber Pakhtunkhwa advocate general Abdul Lateef Yousafzai produced response to the petition on behalf of provincial chief secretary Amjid Ali Khan.

Insists Khattak, Asad haven’t ordered civil disobedience in province

In the reply, the advocate general insisted the chief minister and the assembly speaker had not issued any directives to the government to begin the civil disobedience movement.

He also said it was incorrect that Pervez Khattak and Asad Qaisar had used the resources of the provincial government and public money for the ongoing PTI sit-in against the PML-N-led federal government in Islamabad.

The advocate general said the chief minister and the speaker had been exercising their respective powers and performing functions in line with the Constitution and law.

The petitioner said he wanted to file a rejoinder to the response with the court.

The bench later adjourned the hearing allowing the petitioner to file the rejoinder.

During previous hearing last month, the court had decided that it would go ahead of the hearing into the case in the absence of the chief minister and assembly speaker or their counsel, who had failed to show up despite being given several notices.

However, advocate Humayun Khalil appeared before the bench for the chief minister and the speaker on Thursday and filed an application saying the earlier order be recalled and that their clients be heard in the case as their absence from the court was not deliberate.

The bench accepted the request and allowed the two respondents to defend their case.

Ayaz Khan argued that the PTI chairman had announced the start of civil disobedience movement across the country and the next day the chief minister endorsed the announcement.

He said the chief minister had been heading a federating unit and therefore, he had to abide by the Constitution.

“The chief minister and assembly speaker have been not only participating in the ongoing PTI sit-in in Islamabad but also they have been effectively advocating the notion of civil disobedience. As if it’s not enough, the PTI members and its leadership, including the chief minister and speaker, had attacked and illegally taken over parliament house and the Pakistan Television building in Islamabad by using force and violence.

In the reply, the chief secretary said the petitioner was not an aggrieved person in terms of Article 199 of the Constitution, so he couldn’t file the petition and in that light, the petition might be dismissed as it was not maintainable.

He said the petition was based on allegations, which were not supported by documents.

The chief secretary said the chief minister and the speaker had not violated oath of their respective offices and that they could not even think of doing so.

He said he had not received any orders from the chief minister and the assembly speaker about the start of the civil disobedience movement by the provincial government.

The chief secretary insisted it was incorrect that Pervez Khattak and Asad Qaisar had abandoned their official activities in the province.

Published in Dawn, November 14th, 2014