PHC seeks KP Speaker’s reply in contempt petition

PESHAWAR: The Peshawar High Court (PHC) on Wednesday directed the Khyber Pakhtunkhwa Assembly Speaker to submit reply and explain his position in a contempt of court petition for disregarding the judgment of the Supreme Court by allowing the special secretary of the assembly to continue serving on this position.

A division bench comprising Chief Justice Waqar Ahmad Seth and Justice Musarrat Hilali issued the notice to KP Assembly Speaker Mushtaq Ahmad Ghani, asking him to submit reply to the contempt of court petition before October 11, the date for the next hearing.

The bench was hearing contempt of court petition filed by Ali Azeem Afridi, a high court lawyer, who maintained that the former KP Assembly Speaker Asad Qaiser created and kept the post of special secretary in the assembly in disregard of the judgment of the Supreme Court. He pleaded that the incumbent KP Assembly Speaker Mushtaq Ghani allowed continuation of the services of the special secretary at the assembly.

During the course of hearing, the petitioner said the post was created for a period of six months in anticipation of approval of the assembly’s Finance Committee.

In order to fill the post, it said, the services of Syed Waqar Shah (respondent number 3) were sought on deputation basis.

Waqar Shah had been working as senior officer in the Flight Services at the Pakistan International Airlines (PIA).

He submitted that a meeting of the Finance Committee of the provincial assembly was held and it gave approval for creation of the post of special secretary to facilitate respondent number 3.

It was submitted that “regardless of the stated position, the respondent number 1 (Mushtaq Ghani) is bent on allowing respondent number 3 to continue and act as special secretary to the assembly speaker, downsizing the will of the law with the stroke of a pen.”

The petition argued that even otherwise the respondent number 2 was not empowered to issue such notification(s) in disregard of the judgment(s) of the Supreme Court of Pakistan.

It was submitted that the respondent number 1 (Mushtaq Ghani) has been sworn-in to discharge duties and perform functions honestly to the best of his ability and faithfully in accordance with the Constitution of Islamic Republic of Pakistan and the law. It was pointed out that the respondent number 1 has also taken oath not to allow his personal interests to influence official conduct or decisions.