Granting PA speaker full access to Governor House: SC to hear Tessori’s appeal next week against SHC decision

ISLAMABAD: The Supreme Court’s constitutional bench will hear on Monday an appeal filed by Sindh Governor Kamran Tessori against the Sindh High Court’s decision that granted the speaker of the provincial assembly full access to all rooms, offices and chambers of the Governor House, except the residential portion, to carry out his official business, without hearing the other party.

The five-member bench, headed by Justice Aminuddin Khan and comprising Justice Jamal Khan Mandokhail, Justice Aqeel Ahmed Abbasi, Justice Shakeel Ahmed, and Justice Aamir Farooq, will hear the appeal.

The issue arose after the SHC had directed that Speaker Sindh Assembly and acting governor Owais Qadir Shah be given full access to the Governor’s House. Governor Tessori challenged this order in the Supreme Court, arguing that the high court issued its decision without giving him an opportunity to present his stance.

The appeal maintains that acting governor Owais Qadir Shah was never prevented from meeting anyone at the Governor’s House. It further claims that photographs and videos clearly show that the acting governor enjoys full protocol and access. However, the Constitution explicitly defines the powers and limits of an acting governor. According to the 2015 law, an acting governor cannot make full use of the Governor’s House.

He contended that the SHC issued its order in haste and requested the Supreme Court to declare the high court’s decision null and void.

The controversy erupted after Speaker Sindh Assembly Syed Awais Qadir Shah, acting as governor while Kamran Tessori was abroad, filed a petition with the SHC, and maintained that he took up the acting governor role on June 2 in the absence of Governor Tessori, who had travelled overseas.

The acting governor had told the SHC that he tried several times to enter the Governor House to carry out his official and constitutional duties, but the principal secretary repeatedly blocked his access, citing “instructions from the governor”.

Following an initial hearing, the bench’s order acknowledged that the governor was abroad, and, as per Article 104, the speaker of the provincial assembly would assume the governor’s duties until his return.

“Prima facie, it appears that under Article 104, the petitioner/speaker of provincial assembly cannot be denied access to the Governor House in order to carry out his official business and that respondent No. 2 [principal secretary] has prima facie violated the Constitution by refusing the acting governor/petitioner access to Governor House,” the court had held.