Unfulfilled pledge: Lawyers move PHC to seek CM’s disqualification

PESHAWAR: The Peshawar High Court Bar Association (PHCBA) on Wednesday moved the Peshawar High Court (PHC) to seek disqualification of Chief Minister Pervez Khattak for not honouring a pledge of grant.

The lawyers’ body claimed that under Articles 62 and 63 of Constitution the chief minister was no more Sadiq and Ameen as he couldn’t honour his announcement of Rs10 million grant to the Bar.

The writ petition was filed by PHCBA through its general secretary Rahmanullah Khan. Chief Minister Pervez Khattak, Chief Secretary, Secretary Law and Parliamentary Affairs, Secretary Finance and Advocate General Khyber Pakhtunkhwa were made parties in the petition. The lawyers’ body stated in the petition that the chief minister in his address to the gathering of the PHCBA had announced a special grant of Rs10 million in March 2016. It said the reports about the announcement were carried in the press.

“The petitioner (PHCBA) submitted various letters through its presidents and general secretaries to the respondent, chief minister, but no response was received from the government side,” the lawyer body claimed in the petition.

Recently, it said that a unanimous resolution was also passed by the association in its general body meeting and decided that a legal way would be adopted for the legal rights of the lawyers by filing a writ petition.

“The Chief Minister Khyber Pakhtunkhwa is not fulfilling its commitment regarding Rs10 million grant to the petitioner, he has no right/not eligible to hold the office of member provincial assembly and chief minister of the province and shall be disqualified under Articles 62 and 63 of the Constitution,” the PHC Bar Association submitted in the petition.

It said that the chief minister didn’t fulfill the criteria, which was essential for the member of the provincial assembly under Article 113 of the Constitution.

It was stated that every elected member of the assembly shall be Ameen and honest under Articles 62 and 63 of the Constitution and the Supreme Court also held in the famous Panama case that the elected member shall be honest and Ameen.

It was further submitted that the respondents have issued special grants of Rs3 million to Bannu Bar Association and Rs1 million to Dir Bar Association, but ignored the PHCBA, which was discrimination on the part of the respondents and violation of Article 4 and 25 of the Constitution.

The PHCBA prayed before the high court to direct the respondents to release the announced special grant

The lawyers’ body prayed for disqualification of the chief minister as member of the provincial assembly within the purview of Article 62 and 63 of the Constitution.

As interim relief, the bar association requested the court to stop the respondent, chief minister, from performing his duties and responsibilities till final decision in the petition.