Humayun Khan
PESHAWAR: A Divisional Bench of Peshawar High Court (PHC) comprising of Justice Musarat Hilali and Justice Abdul Shakoor served notices to Chief Secretary Khyber Pakhtunkhwa along with other respondents for issuance of de-notifying summary Caretaker Minister Khusdil Khan Malik while adjourned further hearing till 21st February, 2023, on Thursday.
The Counsel Danyal Khan Chamkani Advocate informed PHC that on 25th January, 2023 petitioner has took oath as member of Caretaker Cabinet while Khushdil Khan submitted resignation from government’s service on 26th January, 2023. He argued that Khushdil Khan has to be retired on 14th February, 2023 but he resigned earlier while a summary has initiated for de-notifying the petitioner.
The Counsel argued that Secretary Defense has forwarded letter highlighting Article 63 of Constitution but didn’t argued to de-notify Khusdil Khan Malik and added previously government’s servants served in the Caretaker Cabinet.
As government’s servant doesn’t bars petitioner from serving as Member of Caretaker Cabinet while also added that Article 63 is not applicable on petitioner because it can be implied to Parliamentarians.
During hearing Advocate General Khyber Pakhtunkhwa raised objections on maintainability of the Writ Petition while the Divisional Bench of PHC has issued notices to respondents and adjourned further hearing till 21st February, 2023.
Caretaker Minister Khushdil Khan said that Chief Secretary Khyber Pakhtunkhwa has initiated summary to de-notify him despite addressing Secretary Defense letter in this regard while talking to media personnel at PHC following hearing. Khushdil Khan that he was nominated in Caretaker Cabinet without his consent.
The Caretaker Minister claimed that didn’t assigning portfolio has created doubts for him to pave way for de-notifying him and added that he didn’t invited for last cabinet’s meeting.
Khushdil Khan added that he has accepted Caretaker Minister to serve the public.
