KARACHI: The Sindh High Court on Friday declared ‘unconstitutional’ several alleged attempts by Governor Kamran Khan Tessori’s principal secretary to deny the Sindh Assembly Speaker access to Governor House.

The Speaker of provincial assembly cannot be denied access to the Governor House for performing official business in his capacity as the acting governor, the court said.

It ordered the respondent secretary to provide the PA Speaker “immediate access to all offices and chambers at the Governor House”.

The SHC also observed that prima facie, the principal secretary to governor Sindh has violated the constitution by refusing the acting governor access to the Governor House.

Denying acting governor’s access to offices, chambers deemed ‘unconstitutional’ by SHC

A two-judge constitutional bench comprising Justice Muhammad Karim Khan Agha and Justice Adnan-Ul-Karim Memon also issued notices to the governor Sindh and others for June 23.

Citing the governor Sindh and his principal secretary as respondents, the Sindh PA Speaker Syed Awais Qadir Shah, through his lawyers, petitioned the SHC submitting that he had assumed the role of acting governor on June 2 in the absence of Governor Karman Khan Tessori, who had proceeded abroad.

Subsequently, the petitioner asserted, he attempted to access Governor House on multiple occasions for purpose of fulfilling his official and constitutional responsibilities, but the principal secretary had persistently been denying his access citing “directions issued by the governor”.

The lawyers for petitioner contended that acting governor had convened a meeting with high-ranking officers at the governor’s office for Friday and once again the principal secretary refused to allow him to access Governor House, which created an untoward situation.

They further argued that under Article 104 of the Constitution, the speaker of provincial assembly must perform the functions of governor till his return. They pleaded for immediate access to offices and all resources of Governor House for discharging petitioner’s duties as acting governor. The advocate general Sindh, Jawad Dero, was also in attendance on a court notice. He maintained that under Article 104 supported by definitions and sections of Article 260, acting governor was legally entitled to use Governor House and its rooms in order to discharge official business.

After a preliminary hearing, the bench in its order noted that admittedly, governor Sindh was out of country and as per Article 104, speaker provincial assembly / petitioner will perform function of governor until his return.

“Prima facie, it appears that under Article 104, the petitioner/speaker of provincial assembly cannot be denied access to the Governor House in order to carry out his official business and that respondent No. 2 [principal secretary] has prima facie violated the Constitution by refusing the acting governor/petitioner access to Governor House,” it added.

The bench directed the principal secretary Sajid Jamal Abro to provide immediate access to the speaker provincial assembly as acting governor to all rooms, offices and chambers in Governor House except any residential portion thereof enabling him to carry out his official business as acting governor.

It also said: “The Government of Sindh is at liberty to look into the conduct of respondent No. 2 and take any action which it deems appropriate in accordance with law”.

The bench also asked its office to send a copy of its order to the principal secretary, chief secretary and principal secretary to the president of pakistan for implementation and compliance.

Published in Dawn, June 21th, 2025