Owais` appointment challenged in PHC

Published
0

PESHAWAR, March 10 The appointment of Owais Ahmad Ghani as NWFP governor over two months ago has been challenged in the Peshawar High Court on Monday with the request to restrain the new provincial assembly from holding any session until the issue is resolved.

A writ petition was filed by freelance journalist, Shahid Orakzai, stating that no resignation of Mr Ghani from the office of Balochistan governor was on record, thus he was not qualified to function as governor of NWFP.

He prayed the high court to declare the appointment of incumbent governor, Owais Ahmad Ghani, as ultra vires of the Constitution and instruct the federation to fill the office of the governor by a suitable person in accordance with the constitution.

The petitioner also sought interim relief from the court stating that the high court may kindly request the president to direct some other person to act as governor until the disposal of the petition or the high court may restrain the new provincial assembly from holding any session until the disposal of the petition.

Mr Orakzai states that the president had appointed Mr Ghani as the NWFP governor as per the gazette notification on Jan 8. He added that while the impugned notification mentioned the acceptance of the resignation of the then governor, Lt Gen (retd) Ali Muhammad Jan Aurakzai, it made no absolutely no mention of any resignation by Mr Ghani.

The petitioner questioned as to how did Mr Ghani vacate the office of the governor Balochistan? He claimed that the incumbent governor was not empowered to do any of the constitutional acts including summoning of the provincial assembly under Article 109 of the Constitution, invite an MPA under Article 130 to be the chief minister, conduct oath to the chief minister and provincial ministers under Article 130 and 132, address the provincial assembly under Article 110 and make and promulgate a provincial ordinance under Article 128.

Mr Orakzai states that in its commitment to defend the constitution, this high court has to intervene and prevent any further violation of the constitution within the province if not in the Federally Administered Tribal Areas where the same person may be exercising authority under Article 145.

The respondents in the petition are Pakistan through secretary cabinet division and the NWFP government through the advocate general.

Opinion

Editorial

Parliament’s place
Updated 11 Oct, 2026

Parliament’s place

In 2015, the parliament had decided to “maintain neutrality in the Yemen conflict so as to be able to play a proactive diplomatic role to end the crisis”.
Disturbing the peace
11 Oct, 2026

Disturbing the peace

THIS year’s Nobel Peace Prize is well-earned. The winner, South African jurist Dr Navi Pillay, has had an...
A voice in care
10 Oct, 2026

A voice in care

WORLD Mental Health Day this year carries a compelling message. The theme, ‘Lived experiences heard: real voices,...
Midterm break
Updated 10 Oct, 2026

Midterm break

Both the US and Israel need to halt their destructive misadventures in the Middle East.
American barbarism
Updated 10 Oct, 2026

American barbarism

WITH the spectre of defeat in the upcoming midterm elections looming large over the Trump administration, the...