PHC bars KP govt from employing official vehicles for ‘personal or political use’

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An undated image of the exterior of the Peshawar High Court. — APP/File
An undated image of the exterior of the Peshawar High Court. — APP/File

The Peshawar High Court (PHC) on Friday imposed a ban on the use of government resources, such as vehicles, by the Khyber Pakhtunkhwa government for personal or political use.

According to a court order available with Dawn, the provincial administration was banned from using official vehicles without authorisation, stating that it amounted to “misconduct and abuse of authority”.

“This court is of the view that the use of official vehicles, machinery, or any other government resources for participation in, or facilitation of, political gatherings, protest rallies, or long marches constitutes a blatant misuse of public property and authority,” the PHC ruled.

The order added that this practice was not only violating public trust but also undermining the concept of neutral governance.

“Public resources, including official vehicles and heavy machinery, are procured and maintained from the public exchequer for the sole purpose of performing official duties and providing services to the citizens in accordance with law,” the order read.

“Their diversion for political or extraneous purposes, whether directly or indirectly, undermines the sanctity of the public office and shakes public confidence in the fairness and impartiality of the administration,” it added, further stating that nobody holding public office can employ government resources for partisan or personal use.

The PHC ruled that Articles 4 (right of individuals to be dealt with in accordance with law), 5 (loyalty to state and obedience to Constitution and law) and 25 (equality of citizens) of the Constitution imply that public resources cannot be used by any one party or individual “to the disadvantage of others”.

“In a democratic system governed by the rule of law, the state must maintain strict separation between official functions and political activities,” the order read. “The use of government vehicles or personnel in political events conveys an impression of state endorsement or complicity in partisan matters, which is impermissible.”

The PHC ordered the KP government to ensure that “no official vehicle, machinery, or manpower under their control is deployed, used, or permitted to be used for any protest, long march, rally, or political activity of any nature”.

Last November, a petition was filed against the KP government, led by then-chief minister Ali Amin Gandapur, against the use of government vehicles like fire engines during the PTI’s long march to Islamabad.

The petition stated that the provincial government had used government resources such as fire engines and heavy machinery from the local government department that government officials had been mobilised to join their march.

During the march, protesters gathered at D-Chowk to demand PTI founder Imran Khan’s release, among other things, amid reports of intense tear gas shelling by security forces to curtail the large crowds. Clashes between party supporters and police ended in a hasty retreat of the party’s top leadership and supporters from the Red Zone.


More to follow.

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