ISLAMABAD: Federal Interior Minister Mohsin Naqvi has criticised a Khyber Pakhtunkhwa Assembly procedure requiring authorities to obtain the Speaker’s prior permission before arresting or detaining a provincial lawmaker in a criminal case.
Naqvi reacted after the KP Assembly Secretariat sent a letter to the Inspector General of Police directing him to ensure compliance with Section 11 of the Khyber Pakhtunkhwa Provincial Assembly (Powers, Immunities and Privileges) Act, 2026.
Under the provision cited in the letter, when an MPA is to be arrested on a criminal charge or for a criminal offence, or detained under an executive order, the relevant magistrate or executive authority must seek the Speaker’s prior permission and provide reasons for the proposed action.
The provision also allows the Speaker, where deemed necessary in the public interest, to seek a police report or challan to ascertain the facts. It further allows the Speaker to call for an inquiry before submission of the challan to a court.
Reacting to the development in a post on X, Naqvi questioned whether police would also have to wait for the Speaker’s approval if an MPA were accused of killing someone.
He described the arrangement as an “extraordinary version” of equality before the law and also questioned its reference to the concept of Riyasat-e-Madina. These remarks represent Naqvi’s criticism of the provision rather than an independent legal assessment.
The provision was included in the KP Assembly’s 2026 legislation on lawmakers’ powers, immunities and privileges. The law had previously attracted criticism over several provisions concerning lawmakers’ privileges, some of which were subsequently amended or withdrawn.
The development comes amid a broader dispute between the federal and KP governments over proposed changes to the provincial police law and the structure of police command. Federal officials have raised constitutional and administrative concerns, while the KP government has proceeded with its legislative changes.