The Peshawar High Court (PHC) on Thursday suspended a government notice ordering the inactive Deputy Speaker of the Khyber-Pakhtunkhwa Assembly Suraiya Bibi to vacate her official residence, allowed her to continue living there and directed law-enforcement agencies not to arrest her.
A two-member bench comprising Justice Ijaz Anwar and Justice Faheem Wali issued the written order arising from the previous hearing. Advocate Yasir Khattak appeared on behalf of the petitioner, the inactive Deputy Speaker.
In its detailed order, the court noted that the relevant presidential ordinance makes no mention of the offices of Speaker or Deputy Speaker. Similarly, the administrative directive requiring vacation of official residences contains no reference to these constitutional posts. The judges therefore found sufficient ground to stay the eviction process pending further examination of the legal position.
Read: PHC stays arrest of K-P Assembly deputy speaker, orders de-sealing of official residence
During arguments, counsel for the petitioner contended that the K-P Assembly Speaker and Deputy Speaker Act 2026 confers a clear legal right on the Deputy Speaker to occupy the official residence for the duration of her term. He further argued that law-enforcement agencies are barred from conducting any raid or taking coercive action against the residence while the office-holder remains in position.
Opposing the petition, the Advocate General submitted that an emergency empowers the provincial government to reclaim official residences allotted to ministers, advisers and the Deputy Speaker. He also apprised the court that a criminal case under Section 406 of the Pakistan Penal Code has already been registered against the Deputy Speaker on the complaint of the Deputy Commissioner of Chitral.
After hearing both sides, the bench suspended the notice to vacate the residence, expressly authorised the petitioner to remain in occupation and ordered that she should not be arrested. The matter will be taken up again on the next date of hearing.
The ruling provides immediate relief to the inactive Deputy Speaker and places the burden on the provincial authorities to justify the eviction drive in light of the statutory protections available to the holder of the office.
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