Islamabad: The Islamabad High Court has placed the Khyber Pakhtunkhwa chief minister in a potentially significant constitutional position ahead of the Pakistan Tehreek-e-Insaf’s expected march towards the federal capital, warning that actions by a public office-holder resulting in violations of citizens’ fundamental rights could amount to a breach of the Constitution and the oath of office.
According to relevant circles, the order issued on Monday carries particular significance for the Khyber Pakhtunkhwa chief minister as PTI prepares for a possible march towards Islamabad.
The court ordered that no government resources, public funds or state employees should be directly or indirectly used, provided or deployed for any march, procession or rally heading towards the Islamabad Capital Territory.
Provincial governments and chief ministers were also directed to ensure that no official vehicles, machinery or other government equipment were used to assist or facilitate participants in such activities.
The order further stated that no government employee could be forced, pressured, encouraged or otherwise compelled to participate in a march or rally heading towards Islamabad.
The Islamabad High Court held that any person whose activities result in a violation of citizens’ fundamental rights within the Islamabad Capital Territory could be considered in breach of the Constitution and held accountable under the law.
In the case of public office-holders, the court went further, stating that such conduct would amount to a violation of both the Constitution and the constitutional oath of office, exposing the official concerned to consequences under the Constitution and the law.
The order, however, does not state that a chief minister found in violation would automatically lose office.
Nevertheless, the court’s warning regarding violations of the Constitution and the oath of office could expose a serving chief minister to legal and constitutional consequences that may potentially affect their continuation in office.
The court also directed provincial chief secretaries and inspectors general of police to establish mechanisms through which government employees could report any pressure or inducement from political leaders or public officials to facilitate a march towards Islamabad.
Departmental action has also been ordered against government employees who violate the court’s directions.
The order therefore creates a significant constitutional balancing act for the Khyber Pakhtunkhwa chief minister, who remains a political leader of PTI while also holding public office. Any attempt to use the provincial government, state resources or public employees to facilitate the march could now carry consequences extending beyond routine administrative action.
