PESHAWAR: A Peshawar High Court bench on Tuesday issued notices to National Assembly speaker and Chief Election Commissioner in a writ petition field for disqualifying MNA Mehmood Khan Achakzai on basis of a statement purportedly given by him few months ago regarding status of Khyber Pakhtunkhwa province which the petitioner believed amounted to high treason.

The bench comprising Justice Yahya Afridi and Justice Ikramullah Khan issued the notices after preliminary arguments advanced by counsel appearing for the petitioner Zahir Shah, a PTI councillor of Town I, seeking the court directives to CEC and speaker of National Assembly for disqualifying Mr Achakzai, chief of Pakhtunkhwa Milli Awami Party (PkMAP).

A deputy attorney general, Mussaratullah Khan, who was present in the courtroom, accepted the notice on behalf of the respondents. The petitioner has also requested the court to issue directives to the station house officer of East Cantt police station here for lodging an FIR against Mr Achakzai.

The respondents in the petition are: Mehmood Khan Achakzai, National Assembly speaker and CEC.

Advocate Noroz Khan appeared for the petitioner and stated that Mr Achakzai had stated that Khyber Pakhtunkhwa was part of Afghanistan and no Afghan should to be disturbed or displaced from the province. He said that Mr Achakzai being MNA had taken oath to remain faithful to the State of Pakistan and Constitution, and by giving the said statement he had violated the terms of his oath.

He contended that the speaker was bound to suspend the membership of Mr Achakzai and to send a letter to the Election Commission of Pakistan for his disqualification.

He said that CEC was also bound to take action against Mr Achakzai and disqualify him for violating the Constitution and his oath of office.

The petitioner claimed that the statement of Mr Achakzai amounted to sedition and was punishable under Article 6 of the Constitution and sections 123-A (condemnation of creation of Pakistan) and 124-A (sedition) of PPC.

Published in Dawn December 14th, 2016