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Naqvi criticises PTI’s ‘version of equality before law’ over directive requiring speaker’s approval for MPA arrests

ISLAMABAD: Interior Minister Mohsin Naqvi on Saturday took strong exception to the Khyber Pakhtunkhwa government’s attempt to further solidify legislation mandating the assembly speaker’s prior permission for an MPA’s arrest or detention.

In a post on X, Naqvi shared a KP Assembly Secretariat’s letter addressed to the KP inspector general (IG) on Friday, a day after the provincial cabinet approved the KP Police Act 2026. The proposed law, yet to be passed by the assembly, links the IG’s decisions to the chief minister or the government’s approval.

In his letter to IG Zulfiqar Hameed, KP Assembly Deputy Secretary (Admin) Ibrahim Khan reminded him of Section 11 of the KP Provincial Assembly (Powers, Immunities and Privileges) Act 2026, which made the speaker’s approval mandatory to arrest or detain an MPA.

The Act was among multiple pieces of legislation enacted in April by the KP government. A few of those provisions about lifetime blue passports and arms licences were withdrawn in August after facing criticism from the media and public.

Commenting on the letter on Saturday, Naqvi said: “Now in Khyber Pakhtunkhwa, even if an MPA is accused of a criminal offence, the police must first seek the speaker’s permission before arresting him.

“What next?” the minister asked, detesting that in case an MPA killed a person, would the police “first wait for the speaker’s permission to arrest him?”

“What an extraordinary version of ‘equality before law’. Well done. Keep it up! And this is Riyasat-i-Madina?“ Naqvi wrote, referring to PTI founder and ex-prime minister Imran Khan’s motto of transforming Pakistan into Riyasat-i-Madina (the State of Madina).

In the letter, the KP Assembly Secretariat had directed the IG to ensure strict compliance with Section 11 of the KP Provincial Assembly (Powers, Immunities and Privileges) Act, 2026.

The letter reproduced the section, titled “permission of speaker before arrest, detention etc of a member”, which provides:

“(1) When a member has to be arrested on a criminal charge or for a criminal offence or has to be detained under an executive order, the magistrate or the executive authority, as the case may be, shall seek prior permission of the speaker, indicating the reasons for the arrest or detention of the member in the appropriate form set out in the Second Schedule.

“(2) Where the speaker deems it necessary in the public interest, he may require the relevant police officer to submit the police report or challan, as the case may be, to ascertain the facts of the matter. The speaker may, in his discretion, call up such inquiry before submission of challan in the court, as he may deem appropriate.”

The KP Assembly Secretariat directed the IGP to ensure strict compliance with Section 11 and adopt the prescribed procedure before arresting or detaining any provincial lawmaker, whenever such action becomes necessary.

A similar parliamentary rule introduced in October 2022 by PML-N mandates that police have to inform the National Assembly speaker before arresting any MNA.

KP Governor Faisal Karim Kundi also commented on the KP law, questioning whether PTI workers would be given the “same protection that is now being demanded for their leaders”.

“PTI workers should ask their leaders a very simple question: if they are pushed to the front lines of unlawful, criminal, anti-state activities, arrested, injured or prosecuted, will the speaker be answerable for them as well?” he wrote on X, sharing Naqvi’s post.

“Riyasat-i-Madina had leaders who submitted themselves to accountability. This looks more like leaders demanding immunity for themselves.”

The fresh criticism comes amid an already heated debate over the new KP Police Act, with the interior ministry arguing that the provincial legislation violates the constitutional framework and weakens the police command structure at a time when KP remains on the frontline of the fight against terrorism.

The approval came after the PTI claimed that dozens of its leaders and workers have been detained ahead of the party’s nationwide protest, now rescheduled for Oct 4. It also said KP cabinet members were being targeted by unidentified individuals.

During a cabinet meeting that approved the Police Act, CM Sohail Afridi said if his government was forcing the local bureaucracy, police, district commissioners or others to do anything wrong, then they should not obey those orders.

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