PHC Bold Order Oath Delay Ends in 24 Hours

PHC Bold Order: Court Directs Governor to Administer Oath by 4 PM Tomorrow

Introduction – A Bold Step by the Peshawar High Court

In a significant move that could shape the political future of Khyber Pakhtunkhwa, the Peshawar High Court (PHC) issued a bold order directing the Governor of Khyber Pakhtunkhwa, Faisal Karim Kundi, to administer the oath of office to newly elected Chief Minister Sohail Afridi by 4 PM on Wednesday, October 15.

The decision came after several days of political confusion, legal petitions, and constitutional debate surrounding the delayed oath-taking ceremony. With this PHC bold order, the judiciary has once again positioned itself at the center of Pakistan’s constitutional landscape.

The Background of the Dispute

The situation began when Ali Amin Gandapur, the previous Chief Minister of Khyber Pakhtunkhwa, tendered his resignation. Soon after, the Provincial Assembly elected Sohail Afridi, a member of Pakistan Tehreek-e-Insaf (PTI) and a close ally of Imran Khan, as the new Chief Minister.

However, the oath-taking ceremony did not proceed as expected. Governor Faisal Karim Kundi refused to administer the oath, citing uncertainty over whether Gandapur’s resignation had been formally accepted. This led to a constitutional deadlock, prompting the Speaker of the Assembly and other members to file a petition before the PHC.

PHC Bold Order and Court’s Observations

Chief Justice Ishtiaq Ibrahim, while announcing the PHC bold order, directed the Governor to perform his constitutional duty by administering the oath at the specified time.

The court stated that if the Governor failed to do so, Speaker Babar Saleem Swati of the K-P Assembly would have the authority to administer the oath instead. This clear directive aimed to prevent any further delay in the province’s administrative functioning.

“The court acted impartially and granted the rights in accordance with the law,”
said Junaid Akbar, a member of the National Assembly, while appreciating the court’s ruling.

Verification of the Governor’s Availability

Earlier in the day, the PHC had also ordered verification of the Governor’s availability regarding the oath-taking. The Additional Advocate General was directed to inform the court before 1 PM about the Governor’s schedule and any possible reasons for delay.

The written order of the court mentioned that the petition was filed under Article 255 of the Constitution, requesting that if the Governor is unable to administer the oath, the responsibility should be shifted to the Speaker or another appropriate authority.

The court stressed that any further delay would violate constitutional obligations and disrupt the democratic transition process in Khyber Pakhtunkhwa.

The Legal and Political Reactions

The PHC bold order drew mixed reactions from across the political spectrum.
Supporters of PTI hailed the decision as a victory for constitutionalism and democracy, while opposition members, particularly from Jamiat Ulema-e-Islam (JUI), questioned the legality of Afridi’s election.

JUI’s parliamentary leader Lutfur Rehman filed a separate petition challenging Afridi’s election, arguing that the resignation of Ali Amin Gandapur had not yet been approved. He claimed that until the resignation was verified, Gandapur remained the legal Chief Minister.

“The election of the new Chief Minister is illegal, as the previous Chief Minister’s resignation has not been formally approved,”
said Lutfur Rehman while speaking to the media outside the court.

The Governor’s Position – A Question of Legitimacy

Governor Faisal Karim Kundi defended his decision to delay the oath, insisting that he could not approve the resignation without verification. He revealed that his office had received two copies of Gandapur’s resignation with different signatures, prompting him to summon Gandapur personally for clarification.

“Ali Amin should come to see me on Wednesday — I’ll serve him tea and also approve the resignation,”
Kundi said in a lighthearted yet pointed comment to the media.
“Until it is formally accepted, the election of a new Chief Minister will be considered unconstitutional.”

Kundi further questioned who would issue the official notification for the new Chief Minister if the resignation dispute remained unresolved. His remarks added another layer of complexity to the already tense political scenario.

Two Chief Ministers? The Constitutional Crisis Deepens

The current situation in Khyber Pakhtunkhwa resembles a dual government crisis, with two individuals — Gandapur and Afridi — both claiming legitimacy at different stages of the transition.

The PHC bold order seeks to resolve this ambiguity by enforcing the constitutional process laid down in Article 130(8), which governs a Chief Minister’s resignation. The article states that a resignation must be addressed to and accepted by the Governor before it takes effect. Until that happens, the sitting Chief Minister continues to hold office.

The Role of the Judiciary

The Peshawar High Court has once again proven its pivotal role in maintaining constitutional order. Legal experts praised the PHC bold order for setting a strong precedent against administrative delay and political maneuvering.

By explicitly directing both the Governor and Speaker, the court ensured that the province would not remain in a governance vacuum.

Constitutional analyst Barrister Yaseen Raza commented:

“The PHC’s bold order reflects judicial responsibility. It reaffirms that no political office can bypass constitutional duties, no matter how complex the situation.”

Opposition’s Legal Moves

Following the PHC verdict, the JUI and several opposition members announced plans to pursue the matter further. They intend to challenge not only Afridi’s election but also the court’s interpretation of the constitutional provisions surrounding the Governor’s powers.

Dr. Ibadullah, the Leader of the Opposition in the K-P Assembly, remarked that the resignation confusion had caused unnecessary chaos.

“Until yesterday, we believed the resignation had been accepted. Now, we find out it wasn’t — that’s why this entire process seems unconstitutional,”
he said during a press briefing.

 Further Reading on Political Developments

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PHC directs governor to administer K-P CM Sohail Afridi’s oath by 4pm tomorrow

Constitutional Lessons from the PHC Bold Order

The PHC bold order has highlighted the importance of adhering to constitutional procedures without political interference. It demonstrates that the judiciary remains a guardian of constitutional continuity, especially during periods of uncertainty.

Legal scholars have pointed out that while the court’s order is firm, it also leaves room for constitutional flexibility — by allowing the Speaker to step in if the Governor refuses. This ensures that no administrative delay can halt the functioning of the province.

Public and Political Reactions

Across social media and news outlets, reactions to the PHC bold order have been swift. Many citizens welcomed the court’s assertiveness, viewing it as a necessary step to uphold democracy in the province.
PTI supporters called it a “victory for justice”, while critics argued that the judiciary was stepping into the political arena.

Analysts believe that this case will likely set a new precedent in the relationship between provincial governments and governors, particularly regarding constitutional obligations and timelines.

Conclusion – PHC Bold Order Sets New Constitutional Standard

The PHC bold order to administer the oath of Sohail Afridi by 4 PM Wednesday reflects judicial courage and constitutional clarity.
It reaffirms the principle that no public office is above the law and that delays in executing constitutional duties cannot be justified under any political pretext.

As Pakistan’s democratic institutions continue to evolve, decisions like this one strengthen the rule of law and remind both politicians and citizens that the Constitution remains supreme.

The coming days will reveal whether the Governor complies or the Speaker steps in — but one thing is certain:
The Peshawar High Court’s bold order has reshaped the conversation on accountability and governance in Khyber Pakhtunkhwa.