PESHAWAR: The Peshawar High Court on Wednesday directed the relevant authorities to provisionally de-seal the official residence of Suriya Bibi, the deputy speaker of Khyber Pakhtunkhwa Assembly that has been non-functional since the imposition of governor’s rule and emergency in the province on Oct 11.
The court also restrained law enforcement agencies from arresting Bibi till further orders.
The directives were issued by a two-member bench comprising Justice Ijaz Anwar and Justice Muhammad Faheem Wali, who took up Bibi’s plea challenging the sealing of her official residence and her anticipated arrest under Section 3 of the Maintenance of Public Order Ordinance.
A written order of the hearing is yet to be released, during which the bench also issued notices to the provincial government, the KP inspector general of police (IG) and other officials, seeking their replies on Bibi’s petition.
Advocate Yasir Khattak appeared on behalf of the petitioner at the hearing and argued that his client, being the elected deputy speaker of the KP Assembly, was “entitled to protection under the Constitution and laws of the land”.
“The petitioner holds a constitutional office and is entitled to perform her official functions without unlawful interference, discrimination or arbitrary executive action,” he contended.
The counsel further said that under Section 20 of the KP Provincial Assembly Speaker and Deputy Speaker (Salaries, Allowances and Privileges) Act, 1975, Bibi was entitled to a “fully furnished official residence” in Peshawar for her “entire tenure as the deputy speaker”.
He informed the court that Bibi had been allotted an official residence at Race Course Garden, Peshawar through a June 3, 2024 notification.
The lawyer claimed that following the imposition of governor’s rule on Oct 11, police, “without any reason and justification”, raided Bibi’s official residence to “harass her and illegally and unlawfully arrest her”.
He added that on Oct 14, at midnight, the respondents, along with some officials, again “raided Bibi’s house without any reason and justification or prior notice under the law and locked the house”.
Advocate Khattak argued that the “impugned action has deprived the petitioner of lawful access to her official residence, as well as her belongings, including official documents and essential items”.
He contended that the mere imposition of emergency or governor’s rule did not, by itself, establish a lawful authority to seal the residence of the petitioner.
He said his client didn’t seek immunity from any lawful and bona fide action taken in accordance with the Constitution, but “arbitrary, discriminatory or unauthorised interference with respect to her residence, without a lawful justification, is open to challenge before this court”.
The plea
In her petition, Bibi sought a declaration of the court that the sealing/locking of her official residence was undertaken without lawful authority, in violation of due process, and was illegal, unconstitutional and without lawful effect.
She requested the court to direct the relevant respondents, including the provincial government and the KP IG, to “immediately” de-seal the premises and restore the her lawful access and possession to the official residence.
Bibi further sought directives for the IG and Peshawar deputy commissioner to not raid her house and illegally arrest or detain her, particularly not to “illegally arrest” her on the basis of any order issued under Section 3 of the MPO Ordinance and to act strictly in accordance with law.
She requested the court to restrain the respondents from “unlawfully interfering” with the her access to her residence or removing her personal belongings and documents from the house.
The provincial government, through its chief secretary, KP governor, KP IG, Peshawar deputy commissioner, Administration Department secretary, among others, have been named as respondents in the plea.
Following the imposition of governor’s rule in KP, a case has also been registered against Bibi for allegedly refusing to return an official vehicle.
The federal government imposed emergency and the governor’s rule in KP on Oct 11, citing the provincial government’s “deliberate disengagement” from the fight against terrorism.
In the days preceding the imposition of governor’s rule in KP, political tensions between the Centre and the opposition — including the PTI which was in power in KP — had remained high since jailed former prime minister Imran Khan’s party announced a protest march to Islamabad to demand his release.
After the imposition of governor’s rule, now-non-functional KP Chief Minister Sohail Afridi, KP Assembly Speaker Babar Saleem Swati and other PTI leaders have been taken into preventive custody.