Afridi faces constitutional test ahead of PTI march

The Islamabad High Court’s latest order ahead of the Pakistan Tehreek-e-Insaf’s (PTI) planned march towards the federal capital could put Khyber Pakhtunkhwa Chief Minister Sohail Afridi in a difficult constitutional position.

The court has made it clear that any government official whose actions result in violations of citizens’ fundamental rights in Islamabad could be held responsible for violating the Constitution and the oath of office.

The order is particularly significant for the Khyber Pakhtunkhwa chief minister as PTI prepares for its proposed march towards Islamabad. The ruling places a responsibility on provincial governments and chief ministers to ensure that state machinery and public resources are not used to facilitate the political activity.

The court directed that no government resources, public funds or government officials be used, directly or indirectly, for any march, procession or rally heading towards the Islamabad Capital Territory.

Provincial governments and chief ministers were also instructed to ensure that government vehicles, machinery and other official equipment are not used to assist or facilitate participants of such activities.

The court further ordered that no government employee should be forced, pressured, persuaded or otherwise compelled to participate in any march or rally travelling towards Islamabad.

The court’s specific warning regarding public office holders gives the order potentially far-reaching implications for the Khyber Pakhtunkhwa chief minister. It observed that any person whose actions lead to violations of fundamental rights in the Islamabad Capital Territory could be held accountable under the Constitution and law.

More significantly, in the case of government officials, the court stated that such conduct could amount to a violation of the Constitution and the oath taken under it, exposing the official to consequences under the law.

The order does not explicitly state that a chief minister found in violation would automatically lose office. However, the warning concerning constitutional obligations and the oath of office could potentially lead to consequences that threaten an incumbent chief minister’s position.

The court also directed provincial chief secretaries and inspectors general of police to establish mechanisms through which government employees can report any pressure or inducement from political leaders or public officials to facilitate a march towards Islamabad.

Officials found violating the court’s directions may also face departmental action.

The ruling therefore creates a delicate constitutional situation for Chief Minister Sohail Afridi.