PHC moved to remove Jhagra as KP governor

PESHAWAR: The Peshawar High Court (PHC) was moved on Friday against the appointment of Khyber Pakhtunkhwa Governor Iqbal Zafar Jhagra as Pakistan Muslim League-Nawaz central general secretary because the petitioner claimed that being holder of public office he cannot hold a political seat.

Senior Peshawar lawyer, Muhammad Khurshid Khan, challenged the appointment of the Governor in the high court.

In the three-page writ petition, the lawyer submitted that the Pakistan Muslim League-Nawaz recently appointed Governor Iqbal Zafar Jhagra as the party’s central general secretary.

“The governor assumed the charge as party’s general secretary and commenced running the party affairs too,” the petitioner claimed.

He submitted that the governor being a representative of the federal government was getting salary, perks and privileges. He argued that under the law the Governor cannot hold an office of a political party and run its affairs.

“Under Political Parties Order 2002 and Constitution of Pakistan, the holders of elected public offices shall not hold any political party office or where a holder of an elected public office was already holding a party position,” the petitioner pointed out.

He submitted that being the holder of a public office, the governor had started running the party affairs in violation of the law and Constitution.

The petitioner, who is a former deputy attorney general of Pakistan, pleaded the court to issue notice to the governor and declare him disqualified as governor of the province after he assumed charge of the party’s office.

Legally, the petitioner claimed, the governor had become disqualified after assuming charge of the party’s office.

“The governor had taken an oath that he would remain impartial and do justice with all while performing his duties, but in reality he could not do justice with his office and others when holding an office of the party and would favour his party whenever the party’s interest demanded,” the petitioner argued.

The petitioner cited judgments of superior courts in which it was held that a holder of public office cannot take part in politics.

He cited example of former Governor, Sardar Mehtab Khan, and stated that he quit public office before completing two years as governor to take part in the election.

The petitioner prayed the court to pass an order to remove Iqbal Zafar Jhagra from the office of the governor as he had taken charge of party’s important office as general secretary.

He prayed the court to also recover the perks and privileges from the governor he had received after assuming party’s office being a governor.

In interim relief, he requested the court to stop Iqbal Zafar Jhagra from performing duties as KP governor till a final decision on the petition.

The KP governor, principal secretary to governor and government of Pakistan through secretary Law and Justice Division were made parties to the case.