PESHAWAR: Retired Justice Arshad Hussain Shah was sworn in as the caretaker chief minister of Khyber Pakhtunkhwa at a ceremony held at Gove­rnor House on Sunday.

KP Governor Ghulam Ali administered the oath to Justice Shah. Chief Justice of Peshawar High Court Mohammad Ibrahim Khan, Advocate General Amir Javed, former provincial ministers, officials and many others attended the oath-taking ceremony.

Justice Shah took the oath as the caretaker chief minister a day after former caretaker CM Mohammad Azam Khan passed away after a brief illness.

Justice Shah, the former chief judge of the Supreme Appellate Court of Gilgit-Baltistan, has also served as the deputy attorney general and additional advocate general of KP during the Pakistan Tehreek-i-Insaf (PTI) government.

Leaders of house and opposition in last assembly reached consensus on name

Amid speculations of a legal crisis, Justice Shah was appointed the caretaker chief minister after a consultation meeting was held between former chief minister Mahmood Khan and opposition leader in the last KP Assembly Akram Khan Durrani.

The meeting between Mr Khan and Mr Durrani was held after Governor Ali asked them on Saturday to initiate the process for the appointment of the caretaker chief minister.

“You are advised to attend chief minister office on November 12 at 11:00 AM. Needless to mention that the consultation process shall be concluded within three days from November 11,” read a letter sent by Mr Ali to Mr Khan and Mr Durrani.

The consultation meeting was later held between Mr Khan and Mr Durrani at the Chief Minister office on Sunday where they nominated retired Justice Shah as the caretaker chief minister.

“We, after consultation, have agreed to nominate Justice retired Syed Arshad Hussain Shah to be appointed as the caretaker chief minister of KP under clause (1A) of Article 224 of the Constitution of Islamic Republic of Pakistan 1973,” read a letter signed by Mr Khan and Mr Durrani.

Earlier on Saturday, the governor sought legal opinion for the appointment of the new caretaker chief minister and asked Advocate General Amir Javed to give his opinion immediately.

The province’s top law office later advised that after the deletion of Articles 134 and 135 from the Constitution, the statute is silent on the appointment of the caretaker chief minister when the vacancy occurs due to death of the incumbent.

“Since the Constitution is silent on such eventuality, therefore, in my humble yet considerate opinion, the procedure laid down under Article 224 of the Consti­tution of Islamic Republic of Pakistan 1973 be followed in the prevailing situation,” Mr Javed said.

Consequently, the letter added: “You [the governor] are advised to call upon the leader of the house and leader of the opposition of the last assembly for consultation on the appointment of the caretaker chief minister”.

Published in Dawn, November 13th, 2023