Baldev Kumar’s oath issue: ‘PHC cannot interfere with KP Assembly’s internal affairs’

PESHAWAR: Chief Justice of Peshawar High Court (PHC) Justice Yahya Afridi observed on Tuesday the high court cannot interfere in the internal affairs of the provincial assembly which is run under the rules of business.

“The court direction for production order of the Member Provincial Assembly-elect Baldev Kumar for administering oath is up to the gate of the assembly. Constitutionally, the court cannot interfere in the affairs of the provincial assembly,” the chief justice observed.

He was hearing a contempt of court petition filed by Baldev Kumar, the Pakistan Tehreek-e-Insaf (PTI) Member Provincial Assembly on minority reserved seats.

The division bench comprising Chief Justice Yahya Afridi and Justice Syed Afsar Shah asked the lawyer for Baldev Kumar to explain and assist the court on the legal point whether the court order was only for production of the MPA or administering him oath.

The court adjourned the case till today.

Baldev Kumar, PTI’s minority MPA who was recently acquitted in the murder case of lawmaker Sardar Soran Singh, has made the KP Assembly Speaker Asad Qaiser and members’ provincial assembly including Arbab Jandad, Shah Farman, Mehmood Betani, Maulana Lutfur Rehman and Mufti Fazal Ghafoor as contemnors in the petition for creating hurdles and not allowing him to take oath as MPA in violation of the court order.

During hearing, Qazi Muhammad Anwar, who was representing the respondents in the petition submitted that the high court orders for production of the MPA-elect was unlawful as under Article 65 of Constitution, the court cannot interfere in the affairs of the assembly.

He stated that the Speaker can only issue production order of the member of the assembly, not a member-elect. On this point, the chief justice questioned that whether respondents had filed review petition or challenged the order in the Supreme Court.

He noted that the answer was in negative.

Additional Advocate General, Qaiser Ali Shah, submitted that in compliance with the court order Baldev Kumar was twice produced in the assembly for oath, but the oath was not administered due to lack of quorum in the legislature.

Mohib Jan Salarzai, counsel for the petitioner, submitted that the respondent members of the provincial assembly were not allowing the petitioner to take oath as was evident from the newspapers of February 28. He argued that this also amounted to contempt and violation of judgment and order of the high court.

He argued that the court order was to produce and administer oath to the petitioner instead of just producing him in the assembly.

The petition said the non-compliance with the order of the court spoke malafide on the part of respondents and lowered the position of the judiciary in the eyes of general public at large.

It said the petitioner was elected on the minorities’ seat for the province of KP and in this respect a proper notification was issued by the Election Commission of Pakistan.

Interestingly, the high court wanted implementation of its decision and had directed the Speaker to issue production order of the petitioner and take oath from him as member of the assembly, but the treasury and opposition members of the assembly were against taking oath from Baldev Kumar as they alleged that he is the killer of a member of the house.

An embarrassing situation was created for the petitioner when the KP Assembly Speaker produced Baldev Kumar for taking oath in compliance with the court order and in reaction PTI MPA Arbab Jandad hit him with his shoes and walked out of the hall in protest.

Baldev Kumar was arrested in connection with the murder of Sardar Soran Singh, the MPA elected on the minorities’ seat on the PTI ticket.

Being behind bars, the petitioner could not take oath of his membership as first the Speaker of provincial assembly did not summon and call the petitioner for taking oath and when he called him for oath the members of KP Assembly didn’t allow the Speaker to take oath from Baldev Kumar.

Talking to reporters after the court proceedings, KP Information Minister Shah Farman said the respondents complied with the court order and issued his production order two times.

Baldev Kumar, who also appeared in the court, said that he was waiting for the court order on the oath issue. He requested PTI chief Imran Khan to decide his fate whether to remain in the party or not as some

persons had created mistrust against him. “I was booked in a false case and was later acquitted by the court,” he added.