Contempt trial of KP governor sought over poll date delay.

ISLAMABAD -- Former SpeaAker of KP Assembly Mushtaq Ahmad Ghani approached the Supreme Court on Monday, seeking conteAmpt proceedings against Governor Haji Ghulam Ali for allegedly violating its March 1, judgement that required him to announce a date for elections in the province.

In a petition, Mr Ghani said the Supreme Court should ask President Dr Arif Alvi or any 'suitable functionary' to appoint the poll date.

The petitioner said the governor violated the judgement by delaying the announcement of poll date, adding that contempt proceedings may be initiated under Article 204 of the constitution read with section 3 of the Contempt of Court Ordinance 2003 and Order 27 of the Supreme Court Rules, 1980.

He alleged that the governor had been creating and propagating doubts, qualms, fears and misgivings about holding elections within the constitutionally guaranteed deadline of 90 days on one pretext or the other. The governor had been brazenly giving interviews in media, maintaining that he does not see elections to happen within the constitutional timeframe, the petitioner said.

Former Speaker Ghani says governor's 'brash mannerism' shows he's fully geared up to defy SC orders; petitioner terms ECP's conduct 'extremely discouraging'

He said the respondent (governor) was not only found - through a recent court judgement - to have committed a breach of his constitutional responsibilities, but he has also been continuously disregarding the court's clear directions despite being the highest constitutional functionary of the province. Therefore, the petition pleaded, it is necessary to proceed against him.

Notwithstanding the immunity available to the respondent under Article 248, he has had committed contempt of court and thus acted against the oath of his office, Mr Ghani said.

The petitioner highlighted the 2012 contempt case against former prime minister Syed Yousaf Raza Gilani in which the court held that holders of exalted offices (including president/prime minister or governor) on account of their executive office require greater restraint, and there is nothing in the constitution which bars initiating contempt proceedings against them.

The constitution mentions no exemptions from the obligation it imposes, and Article 25(1) provides that all citizens are equal before law and are entitled to equal protection of law, the petition argued.

This seminal judgement goes on to propound that the holder of...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT