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August 30, 2018

Governor’s oath-taking case: PHC issues notice to AG, others


August 30, 2018

PESHAWAR: The Peshawar High Court (PHC) on Wednesday issued notice to Attorney General of Pakistan and Advocate General Khyber Pakhtunkhwa in a writ petition challenging holding of oath-taking ceremony of Khyber Pakhtunkhwa governor at the Governor’s House instead of high court.

A division bench comprising Justice Qaiser Rashid Khan and Justice Nasir Mehfooz issued notice to Attorney General and Advocate General, asking them to assist the court on the legal questions raised in the constitutional petition before the court.

The bench fixed September 4 for next hearing into the case.

During hearing, the lawyer Shabbir Hussain Gigyani, who had filed the petition, submitted that the incoming as well as future governors may be stopped from taking oath at the Governor’s House before entering their office.

He pointed out that just like a chief justice of the high court visits the Governor’s House to take oath of his office from the governor, in the same manner while taking oath of his office, which is administered by the chief justice, the governor-designate should visit the high court.

As interim relief, the petitioner requested, the high court to stay the oath-taking of the incoming governor.

The post of governor fell vacant after the resignation of Iqbal Zafar Jhagra that was accepted by the President of Pakistan on August 20. Presently, KP Assembly Speaker Mushtaq Ahmad Ghani has been serving as acting governor.

The respondents in the petition are: principal secretary to the President of Pakistan; principal secretary to the prime minister; secretary cabinet division; secretary law and parliamentary affairs Islamabad; principal secretary to KP governor; attorney general for Pakistan and Khyber Pakhtunkhwa advocate general.

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