Through legislation in Khyber Pakhtunkhwa, an open attempt has been made to give members of the assembly extraordinary, undemocratic and powers and to hold the administration, law enforcement agencies and state resources hostage. Unlike other provinces, these amendments by the KP Assembly are clear evidence of the misuse of powers and an authoritarian mindset:
Section 8: Forced Summoning of District Officers (Unjustified Political Pressure on the Administration)
Members of the Khyber Pakhtunkhwa Assembly have been given the unconstitutional power to summon any district officer in their constituency, and the officers are bound to appear. No other assembly in Pakistan gives its members such unrestricted authority. This provision is tantamount to blackmailing the bureaucracy, directly interfering in day-to-day administrative affairs and turning the government machinery into personal servants.
Section 9: Forced Chairing of Government Meetings (Violation of Separation of Powers)
If a member of the assembly is present, he is authorised to chair meetings of all government departments, administrative bodies and autonomous bodies, except when the Governor or a minister is present. There is no precedent for this in the country’s history or in other provincial assemblies. This legislation amounts to the illegal political domination of the executive by politicians and the dismantling of the fundamental democratic principle of separation of powers.
Section 11: Immunity from Arrest and the Speaker’s Discretion (A Shield Above the Law)
The police are required to obtain prior permission from the Speaker before arresting any assembly member, and before a charge sheet is submitted, the Speaker can also order an inquiry to be initiated. Across Pakistan, the Speaker’s authority is limited to the assembly premises, but in KP, the Speaker’s office has been turned into a safe haven to prevent the course of law and protect members from criminal proceedings and accountability.
Section 13: Lifetime Free Passports and VIP Culture (Plundering of Public Resources)
Members of the assembly and their spouses (wives/husbands) have been granted lifetime free (gratis) passport privileges. In a province burdened with debt and facing financial difficulties, distributing lavish privileges using taxpayers’ money is a manifestation of VIP culture and plunder. While other provinces have kept spouses away from such benefits, in KP public resources are being used for personal indulgence.
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