PESHAWAR: Khyber Pakhtunkhwa (KP) Assembly Speaker Babar Salim Swati has written a letter to Chief Justice of Pakistan (CJP) Justice Yahya Afridi, accusing the Chief Justice of the Peshawar High Court (PHC) of overstepping constitutional bounds by ordering the provincial governor to administer the oath to MPAs on reserved seats.
Swati argued that the PHC CJ’s actions were a direct violation of the constitution and had exceeded the powers granted to the judiciary.
In the four-page letter, Swati emphasized that under the constitution, the three branches of government—executive, judiciary, and legislature—must operate within their designated domains.
He stressed that it is the responsibility of the Speaker, not the Chief Justice of a High Court, to administer the oath to the elected MPAs, as outlined in Articles 130 and 255 of the Constitution.
Swati further clarified that the adjournment of the assembly session due to an incomplete quorum was a constitutional action, and should not be construed as a refusal to perform his constitutional duties.
He expressed concerns that the PHC CJ’s interference, by nominating the governor for the oath-taking ceremony, not only violated the constitution but also threatened the independence of the legislature.
The Speaker criticized the PHC CJ for not allowing him to present his perspective on the matter and described the actions as an attempt to disrupt the balance of power between the three state organs.
Swati has now requested the CJP to take notice of the issue to preserve the sanctity of the judiciary and ensure the proper functioning of constitutional processes.
