The Peshawar High Court on Thursday suspended a government notice ordering the inactive Deputy Speaker of the Khyber-Pakhtunkhwa Assembly, Suraiya Bibi, to vacate her official residence. The court allowed her to continue living there and directed law-enforcement agencies not to arrest her.
A two-member bench comprising Justice Ijaz Anwar and Justice Faheem Wali issued the written order arising from the previous hearing. Advocate Yasir Khattak appeared on behalf of the petitioner.
The Suraiya Bibi eviction notice was stayed after the bench examined the legal basis of the provincial government’s action and found it wanting. The judges concluded there was sufficient ground to halt the eviction process pending further examination of the legal position.
Suraiya Bibi eviction notice: what the written order says
In its detailed order, the court noted that the relevant presidential ordinance makes no mention of the offices of the Speaker or Deputy Speaker. Similarly, the administrative directive requiring the vacation of official residences contains no reference to these constitutional posts.
After hearing both sides, the bench suspended the notice to vacate the residence, expressly authorised the petitioner to remain in occupation, and ordered that she should not be arrested. The matter will be taken up again on the next date of hearing.
The ruling provides immediate relief to the inactive deputy speaker and places the burden on the provincial authorities to justify the eviction drive in light of the statutory protections available to the holder of the office.
Counsel cites the 2026 assembly act
During arguments, counsel for the petitioner contended that the Khyber-Pakhtunkhwa Assembly Speaker and Deputy Speaker Act 2026 confers a clear legal right on the deputy speaker to occupy the official residence for the duration of her term.
Advocate Khattak further argued that law-enforcement agencies are barred from conducting any raid or taking coercive action against the residence while the office-holder remains in position. He maintained that both the speaker and the deputy speaker continue to hold their constitutional offices under the law until a new assembly is formed.
Advocate general cites Section 406 case
Opposing the petition, the advocate general submitted that an emergency empowers the provincial government to reclaim official residences allotted to ministers, advisers and the deputy speaker.
He also apprised the court that a criminal case under Section 406 of the Pakistan Penal Code has already been registered against the deputy speaker on the complaint of the Deputy Commissioner of Chitral. The bench, however, was not persuaded to withhold interim relief on that basis.
Follow-up to the October 21 de-sealing order
Thursday’s written order follows the court’s earlier ruling of October 21, when the Peshawar High Court stayed Suraiya Bibi’s arrest under the Maintenance of Public Order Ordinance and ordered her official residence de-sealed.
The dispute stems from the imposition of emergency and governor’s rule in Khyber-Pakhtunkhwa on October 11. Police raided the deputy speaker’s official residence on October 14 and sealed the premises, an action her counsel described as unlawful and politically motivated.
The legal battle over the province’s constitutional crisis has played out on several fronts. The Peshawar High Court earlier heard a petition challenging the emergency and governor’s rule, while the National Assembly passed a resolution on the emergency that drew a PTI court challenge. In a related case, the brother of the province’s chief minister moved the court over alleged illegal detention.
What happens next
The court has sought the authorities’ justification for the eviction drive before the next hearing. Until then, Suraiya Bibi retains both her residence and her protection against arrest, keeping the provincial government’s legal position under sustained judicial scrutiny.
Why was the deputy speaker’s residence sealed?
Police raided the official residence on October 14, days after the imposition of emergency and governor’s rule in the province on October 11, and sealed the premises. The court has since ordered the residence de-sealed and suspended the eviction notice.
What is Section 406 of the Pakistan Penal Code?
Section 406 covers punishment for criminal breach of trust. The advocate general told the court that such a case has been registered against Suraiya Bibi on the complaint of the Deputy Commissioner of Chitral.
What did the court’s written order decide?
The bench suspended the notice to vacate the official residence, expressly authorised Suraiya Bibi to remain in occupation, and directed that she should not be arrested, with the matter to be taken up again at the next hearing.
Read our earlier report on the de-sealing of the deputy speaker’s residence and the PHC petition challenging the KP emergency.
