KP Assembly reminds IGP of Speaker’s approval requirement before arresting MPAs

The Khyber Pakhtunkhwa Provincial Assembly Secretariat has formally reminded the Inspector General of Police (IGP)

PESHAWAR: The Khyber Pakhtunkhwa Provincial Assembly Secretariat has formally reminded the Inspector General of Police (IGP) that the prescribed procedure under the provincial law must be followed before any member of the provincial assembly is arrested or detained.

In a letter issued on September 25, 2026, the Assembly Secretariat drew the IGP’s attention to Section 11 of the Khyber Pakhtunkhwa Provincial Assembly (Powers, Immunities and Privileges) Act, 2026.

The letter, numbered PA/KP/Admn/2026/4131, was issued by Deputy Secretary (Administration) Ibrahim Khan and addressed to the Inspector General of Police, Khyber Pakhtunkhwa.

According to the letter, Section 11 of the law deals with the requirement of obtaining the Speaker’s permission before the arrest or detention of a member of the provincial assembly.

The provision states that when a member is required to be arrested on a criminal charge or for a criminal offence, or detained under an executive order, the magistrate or relevant executive authority must seek prior permission from the Speaker.

The request for permission is required to include the reasons for the proposed arrest or detention and must be submitted in the prescribed form mentioned in the Second Schedule of the Act.

The law also provides powers to the Speaker in cases where he considers it necessary in the public interest to obtain further information regarding the matter.

Under the provision, the Speaker may require the relevant police officer to submit a police report or challan to ascertain the facts of the case. The Speaker may also, at his discretion, call for an inquiry before the submission of the challan to the court.

The Assembly Secretariat has directed the IGP to ensure strict compliance with Section 11 and follow the prescribed legal procedure whenever action involving the arrest or detention of an MPA becomes necessary.

The letter was also circulated to senior officials, including the Chief Secretary Khyber Pakhtunkhwa, Additional Chief Secretary Home Department, Deputy Inspector General of Police, District Police Officer Peshawar and senior officials of the Provincial Assembly.

Copies were also forwarded to the Principal Secretary to the Speaker, Additional Private Secretaries to the Assembly Secretary and Deputy Speaker, as well as the relevant office and files.

According to sources in the Assembly Secretariat, the reminder followed recent incidents in which some MPAs were allegedly detained without prior communication with the Speaker’s office.

The sources described such instances as a potential issue of parliamentary privilege under the newly enacted provincial law. However, details of the specific cases prompting the letter were not included in the document.

The development comes amid continued debate over the privileges and legal protections available to elected members of provincial assemblies.

The KP Assembly Secretariat’s letter reiterates the legal procedure that it says must be followed by police and executive authorities when action is required against a sitting MPA.

The move is also being viewed within the provincial political context, as the PTI holds a majority in the Khyber Pakhtunkhwa Assembly. The Secretariat, however, has framed the communication as a reminder regarding compliance with the provincial law rather than as a political directive.

The letter places responsibility on the relevant authorities to follow the procedure prescribed under Section 11 whenever an MPA is required to be arrested or detained, while retaining the Speaker’s role as specified under the Act.