Baldev Kumar oath issue: PHC issues contempt notice to KP Assembly speaker

PESHAWAR: The Peshawar High Court (PHC) on Friday issued contempt of court notice to the Khyber Pakhtunkhwa Assembly speaker for failing to administer oath to the arrested minority Member Provincial Assembly Baldev Kumar and warned to suspend Senate election from Khyber Pakhtunkhwa if the order was not complied with. A two-member bench comprising Justice Ikramullah Khan and Justice Qalandar Ali Khan was hearing the contempt of court petition filed by the arrested MPA Baldev Kumar. "Why the Senate election may not be suspended and contempt of court proceedings initiated against respondent No 1 (Speaker KP Assembly)," the court warned the KP Assembly speaker and fixed March 6 for the next hearing into the petition.

Baldev Kumar, an arrested PTI minority MPA, 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.

Interestingly, the high court wants implementation of its decision and directed the speaker to issue production order of the petitioner and take oath from him as member of the assembly, but on the other hand both the treasury and opposition members of the assembly are against the oath from Baldev Kumar as they say that he is the killer of an honourable member of the house.

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

During the course of hearing, Justice Ikramullah Khan observed that first the respondents comply with the court order before Senate election and take oath of the notified PTI MPA and in case the oath was delayed, then the court could suspend the Senate election any time.

Mohib Jan Salarzai, counsel for the petitioner, submitted before the bench that the respondent members of the provincial assembly are not allowing the petitioner for oath as evident from the newspapers of February 28, which also amounted to contempt and violation of judgment and order of the high court.

He argued that the petitioner approached the respondents for the implementation of the judgment of the court time and again, but in vain. "Every government functionary is under legal obligation to honour the judgment of the court of competent jurisdiction, and the respondents by not complying with the judgment have not performed their duty in accordance with law and constitution," the petition stated.

The petition said the non-compliance with the order of the court, spoke malafide on the part of respondents and lower the position of the judiciary in the eyes of general public at large. It said the petitioner was elected on the minorities' seat for province of KP and in this respect a proper notification was issued by the Election Commission of Pakistan.

However, he was arrested in connection with the murder of Sardar Soran Singh, the MPA elected on the minorities' seat of the PTI, on which he was elected. Being behind bars, the petitioner could not take oath of his membership as first the speaker of provincial assembly did not summon/call the petitioner for oath and now when he called him for oath, the members of KP Assembly were not allowing the speaker to take oath from Kumar.

The petitioner said the Senate election is scheduled to be held on March 3, 2018, therefore the petitioner's presence in the assembly as member of the minority community is necessary and being fundamental right and in case of non-administration of oath, the petitioner will also be deprived of voting in Senate election despite the court direction. The petitioner requested the court to stay the Senate election to be held today till the final disposal of this petition.