PESHAWAR: On the eve of the Senate elections, a review petition on Monday filed in Peshawar High Court over the direction issued by the court to administer the oath to the lawmakers elected on reserved seats.
The plea, was moved by Speaker Khyber Pakhtunkhwa Assembly Babar Saleem Swati through Advocate Ali Azim Afridi, stresses that no requisition was received by him regarding the summoning of the session.
The plea named the ECP, the KP government, the Senate and eight MPAs-elect as respondents in the case. It requested the PHC that its decision be reviewed and to give “order(s) dismissing the petition” of the opposition lawmakers.
In his review plea, Swati argued that the high court order did not “take hold of the factual position insofar session requisitioned.”
It stated that “Office of the speaker holds no information, as to summoning of or session requisitioned for upcoming Senate elections by the government, let alone inclusion of matter in question as Agenda Item No. 1 of the first business day.”
“It is [a] cardinal principle of law and justice that what cannot be done directly cannot be done indirectly,” the petition contended.
The opposition and provincial government are at odds over the assembly session for the oath-taking of MPAs elected on reserved seats for women and minorities.
While expressing his views on the issue, KP Assembly Speaker Swati told media that he was advised by his legal team and law department that the governor does not have the authority to summon a session — as he did so earlier this month on the opposition’s request.
No session had been summoned from our side, which is why we cannot implement this order. This order could have been implemented when a session [of the assembly] had been summoned.
“If someone wants to say anything for point-scoring, they may do so,” he added. “We, the followers of Imran Khan, believe in the rule of law. […] We highly respect the judiciary and the judges,” Swati said.
“If we, who are trying for this (rule of law), will violate it, then how can we expect the rule of law to be established in this country?” the speaker asked.
Asked whether the Senate polls from the province would be held tomorrow or not, Swati replied that the ECP could provide an answer to that.
He said that according to the legal team, the KP governor did not have the authority to summon a session.
“We are ready to summon an [assembly session round the clock, “the speaker said, adding he would do so if ordered by the court.
Copyright Business Recorder, 2024
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