Legal issues pertaining to the affairs of Khyber Pakhtunkhwa Assembly and its present and former speakers are far from over as different relevant petitions are pending before the Peshawar High Court.

One major issue relates to the alleged nepotism by the former KP Assembly speaker Asad Qaiser, now Speaker National Assembly, and present PA Speaker Mushtaq Ahmad Ghani in appointments in the assembly.

On May 30, a bench of the Peshawar High Court comprising Justice Syed Afsar Shah and Justice Mohammad Ayub Khan put on notice the present and former PA speakers and two other lawmakers in a writ petition seeking their disqualification for allegedly promoting nepotism in appointments and promotions of officers in the assembly secretariat.

The bench directed Speaker Mushtaq Ghani, former speaker Asad Qaiser and MPAs Dr Amjid Ali, who is also provincial minister, and Rangrez Khan, to file replies within a fortnight to the petition filed by a resident of Nowshera district, Shah Faisal, seeking multiple reliefs from the court. The court will again hear the petition on June 20.

The petitioner has requested the court to disqualify NA Speaker Asad Qaiser on account of carrying out illegal and unconstitutional activities in his stint as PA speaker or his case may be referred to the Election Commission of Pakistan for further action.

The petitioner further requests to also disqualify Mr Ghani, Dr Amjid Ali and Rangrez Khan under Article 62 and 63 of the Constitution.

The petitioner has mentioned several judgments of the PHC and the KP Services Tribunal mostly related to appointments and promotions of officers in the assembly during tenure of Mr Qaiser and Mr Ghani.

The petitioner’s counsel Ali Azim Afridi referred to a judgment delivered by a three-member Services Tribunal on Dec 10 wherein the tribunal had held both the speakers responsible for promoting cronyism and nepotism at the cost of merit and transparency.

The tribunal had ruled: “By now it has been established beyond any shadow of doubt that the former and the present speakers etc have one point agenda to promote cronyism, nepotism and favoritism at the cost of merit, transparency, fairness, equality and justice.”

Through the said judgment, the tribunal had accepted an appeal of senior additional secretary of the assembly, Kifayatullah Khan Afridi, and declared as illegal decision of the Departmental Promotion Committee (DPC) of Aug 11, 2017, and subsequent notification issued on Aug 15, 2017, by then Assembly’s speaker Asad Qaiser about promotion of an officer junior to him, Nasrullah Khan, as the secretary.

While the said appeal was pending before the tribunal, in Sept 2018 the DPC, which also included the two MPAs, had again recommended promotion of Mr Nasrullah following which a notification was issued by Mr Ghani on Sept 25, 2018 regarding his appointment as secretary of the assembly.

Similarly, a high court bench of Justice Ikramullah and Justice Mussarat Hilali on May 21 suspended a charge sheet issued by the speaker against senior additional secretary Kifayatullah Afridi charging him of being appointed contrary to merit and rules around 27 years ago.

The bench had sought reply from the speaker in a writ petition filed by Kifayatullah, who alleged that the speaker instead of following the last year’s judgment of the Services Tribunal delivered in his favour had issued the impugned charge sheet so as to frustrate that judgment. The bench fixed June 11 for next hearing of that petition.

The petitioner’s counsel contended that the speaker (respondent) had issued the impugned charge sheet on May 16 and in the meanwhile had also suspended the petitioner on May 20. The petitioner contended that the speaker instead of implementing the judgment of the Services Tribunal had issued the impugned charge sheet so as to make sure that the law governing the State of Pakistan was transgressed and trampled forcing civil servants to bow before the political bigwigs.

The speaker in the charge sheet has alleged that the petitioner, Kifayatullah, had submitted application for appointment on Nov 22, 1992, and was appointed the very next day on Nov 23, 1992. It is added that the medical board for his fitness examination was constituted on Dec 30, 1992, after over a month of his appointment. It is alleged that Kifayatullah was loan defaulter of ADBP, Kohat branch, at the time of his appointment.

Apart from these cases, the high court had on Nov 13, 2018, declared as illegal appointment of a special secretary and upgradation of the post of director (automation and IT) Provincial Assembly.

In the said two judgments, a bench comprising Justice Roohul Amin Khan Chamkani and Justice Qalandar Ali Khan had questioned the role of Asad Qaiser (now Speaker National Assembly) as custodian of the top legislative organ of the province. Both those petitions were filed by lawyer Ali Azim Afridi.

In one of the petitions, the bench declared as illegal the appointment of an officer of Pakistan International Airlines Corporation (PIAC) Syed Waqar Shah as special secretary to the speaker on deputation and subsequently absorbing his services in the assembly. In the other petition, the bench declared as illegal the upgradation of the director (automation and IT) KP Assembly, Attaullah Khan, from BPS-20 to BPS-21, which was the second promotion given to him against the said post.

In one of the judgments the bench ruled that it was painfully observed that there had been flagrant violations of law/rules, besides scant regard for judgments of the apex court by the Speaker, Khyber Pakhtunkhwa Assembly, in order to accommodate and reward the blue eyed.

“This is yet another example of such reckless exercise of authority and powers by a person who claims to be ‘custodian’ of the top legislative organ of the province,” the bench ruled, adding “Obviously, this court cannot shut its eyes to such arbitrary exercise of powers and authority by a person in his position, in utter violation of law/rules and judgments of the august Supreme Court of Pakistan.”

The detailed judgments authored by Justice Qalandar Ali Khan ruled: “One wonders that how the Speaker, after trampling clear provisions of law and rules and also the most celebrated judgments of the august Superior Courts thereby depreciating the unscrupulous practice of absorption of outsiders on extraneous considerations against lucrative posts in civil service, could nevertheless claim to be ‘custodian’ of the top legislative organ of the province, mandated by people of the province to legislate for them.”

Some of the legal experts believe that the high-ups in the KP Assembly should strictly follow the law and judgments of different courts so as to carry out affairs of the assembly in a transparent manner, failing which it might result in severe legal repercussions for them apart from tarnishing the image of the ruling party.

Published in Dawn, June 10th, 2019