Ansar Abbasi

ISLAMABAD… The Islamabad High Court has put the Chief Minister of Khyber Pakhtunkhwa at a constitutional crossroads ahead of the Pakistan Tehreek-e-Insaf’s expected march to Islamabad and made it clear that any government official, whose actions violate the fundamental rights of citizens in the federal capital, will be held guilty of violating the Constitution and his oath of office. Concerned circles in Islamabad believe that the order issued on Monday holds special significance for the Khyber Pakhtunkhwa chief minister as the PTI prepares to mobilize towards the federal capital, placing a direct onus on provincial governments and chief ministers to ensure that state machinery and resources are not used to facilitate the march. The court ordered that no government resources, public funds or government officials be used, provided or appointed to participate, directly or indirectly, in any march, procession or rally, which leads to the Islamabad Capital Territory. The court also directed the provincial governments and chief ministers to ensure that no official vehicle, machinery or other equipment is used to assist or facilitate the participants in any such activity. The order further clarified that no government servant can be coerced, pressured, induced or otherwise compelled to participate in any march or rally to Islamabad. However, the court’s specific warning against government officials makes the order potentially far-reaching for the Khyber Pakhtunkhwa chief minister. The Islamabad High Court has declared that the person whose activities result in the violation of the fundamental rights of citizens in Islamabad Capital Territory, will be considered guilty of violation of the Constitution and will be responsible for the consequences under the law. More importantly, in the case of a public official, the court has clearly held that such conduct would be tantamount to violation of the oath of office under the Constitution and the Constitution, making the official liable for the consequences under the Constitution and the law. The court order did not clearly state that the Chief Minister found guilty of violation would automatically lose his post. However, its warning against violating the constitution and oath of office could expose a sitting chief minister to constitutional consequences that would jeopardize his continued tenure in office. The court also directed the provincial chief secretaries and inspectors general of police to devise procedures through which government officials can report any pressure or inducement by political leaders or government officials to facilitate the march towards Islamabad. Departmental action has also been ordered against the officials who violated the court instructions. Thus, the order creates a particularly difficult constitutional balance for the Khyber Pakhtunkhwa chief minister: he remains a political leader of the PTI, but any attempt to use the provincial government, its resources or government officials to facilitate the march may now have consequences that go beyond routine administrative actions and may threaten his own constitutional position.