The Peshawar High Court (PHC) on Monday heard the case concerning the oath-taking of newly elected Khyber Pakhtunkhwa Chief Minister Sohail Afridi, as the political impasse in the province continued.
Chief Justice SM Atiq Shah presided over the hearing and summoned the additional attorney general to confirm whether the governor of Khyber Pakhtunkhwa had received the oath summary sent by the speaker of the KP Assembly. The court directed the official to present a response by tomorrow.
PTI petitions court over delay on Oath
The Pakistan Tehreek-e-Insaf (PTI) approached the Peshawar High Court seeking intervention in the matter, requesting the court to nominate a representative for administering the oath to chief minister-elect Sohail Afridi.
The speaker of the KP Assembly and other members filed the petition, arguing that the governor had failed to administer the oath despite the completion of all constitutional formalities. PTI’s counsel, Salman Akram Raja, contended that the delay had created a governance vacuum in the province.
Governor’s response awaited, says CJ
During the hearing, Chief Justice Shah inquired whether there was any written evidence of the summary being sent by the speaker to the governor. He asked, “When did the speaker send this summary to the governor? Shouldn’t we wait for his reply?”
The chief justice remarked that the court could not proceed without the governor’s opinion, emphasizing that Article 255(2) of the Constitution — which allows the chief justice to nominate a person for the oath — would only apply if someone explicitly refuses to take the oath.
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He further noted that “before this, a case has also been filed against me on the issue of nomination of oaths for reserved seats,” highlighting the sensitive nature of the matter.
PTI counsel argues against waiting for governor’s reply
PTI’s lawyer Salman Akram Raja argued that there was no need to wait for the governor’s response, asserting that “there is no government in the province” and the situation requires urgent action.
“The governor is in Islamabad — we can go there for the oath, or he can come here,” he suggested, stressing that the newly elected chief minister must take office without further delay.
Raja added that former Chief Minister Ali Amin Gandapur had already resigned, saying, “The resignation becomes effective from the moment it is given — no formal acceptance is required.”
Court seeks clarity from governor before proceeding
Chief Justice Shah, however, maintained that the governor’s input was constitutionally necessary before moving forward. “We cannot go ahead without the governor’s opinion,” he said, instructing the additional attorney general to verify the receipt of the oath summary and to present the governor’s stance by tomorrow morning.
The court also reminded the petitioners that their application was being examined on the judicial side, under Article 255(2), and that any step to nominate an oath administrator would require clear refusal or delay by the governor.
