• Governor Tessori’s counsel vows to approach SC as they were not heard by the court
• Judge rules the plea has become infructuous after compliance with its order

KARACHI: The Sindh High Court on Monday disposed of a petition of provincial assembly Speaker regarding denial of his access to Governor House after he did not press it further.

A two-judge constitutional bench comprising Justice Muhammad Karim Khan Agha and Justice Adnan-Ul-Karim Memon noted that the matter has now become infructuous following the compliance of its order to provide the petitioner immediate access to all offices and chambers at the Governor House.

However, the counsel for the Sindh Governor said that they will approach the Supreme Court to challenge the order of SHC as the matter in question was diposed of without hearing the respondents.

Citing the governor and his principal secretary as respondents, Sindh Assembly Speaker Syed Awais Qadir Shah had petitioned the SHC submitting that he had assumed the charge of acting governor when Governor Karman Khan Tessori proceeded abroad, but he was not allowed access to offices in the Governor House to perform his constitutional duties.

On June 20, the bench had asked the principal secretary to the governor to provide immediate access to the Sindh PA Speaker being the acting governor to all rooms, offices and chambers in Governor House. It also issued notices to the respondents.

When the matter came up for hearing on Monday, a compliance report was placed before the bench by the principal secretary through the court’s registrar.

The bench said perusal of compliance report reflected that the June 20 order has been complied with and the lawyer for petitioner also confirmed such position and did not press the petition any further. Abid Zuberi Advocate filed vakalatnama on the behalf of governor Sindh. “However, since this matter has now become infructuous based on the compliance, accordingly this petition is dismissed as having become infructuous along with all pending applications”, the bench in its order concluded.

After the hearing, Mr Zuberi said that the apex court would be approached to impugn the SHC order since the petition was deposed of without hearing him.

He also asserted that nobody had blocked the acting governor’s access to the Governor House. Rather, he claimed, the acting governor was given protocol upon his arrival. Awais Shah had asserted in his petition that he had attempted to access Governor House on multiple occasions for the purpose of fulfilling his official and constitutional responsibilities, but the principal secretary had persistently been denying him access on the basis of directions allegedly issued by Governor Tessori.

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

They further argued that under Article 104 of the Constitution, the speaker of the provincial assembly must perform the functions of governor till the latter’s return. They had pleaded their client’s immediate access to the offices and all resources of Governor House for discharging his duties as acting governor.

The Sindh Advocate General 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.

Published in Dawn, June 24th, 2025