PESHAWAR: Though the Khyber Pakhtunkhwa Ehtesab Commission has yet to prove the charge of misuse of power against the detained provincial minister for mines and mineral development, Ziaullah Afridi, Chief Minister Pervez Khattak has initiated proceedings to remove him from the cabinet.

The chief minister has sent a summary to Governor Sardar Mahtab Ahmad Khan seeking his approval to remove minister for mines and minerals Ziaullah Afridi from provincial cabinet.

Law and parliamentary affairs ministry Imtiaz Shahid Qureshi told Dawn on Thursday that the chief minister had requested the governor to de-notify Ziaullah as member of the cabinet.

He said the establishment department would de-notify Ziaullah’s portfolio after the governor signed the summary.

Colleague says Ziaullah is considered suspended ‘on moral ground’

“He (Ziaullah) will be considered as minister until the government issues formal notification (for his removal),” he said, adding that the detained minister was considered suspended ‘on moral ground’.

He said the summary for the removal of the minister was sent to the governor few days ago.

The provincial ehtesab commission had arrested Ziaullah on July 9 on the charges of misusing authority and allowing illegal mining in various areas of the province.

He is currently on physical remand.

Ziaullah, who was taken into custody from his house, was given on 13 days physical remand to the ehtesab commission on last Friday.

Director general of the said department Dr Liaquat Ali Khan is already in the custody of the commission on the same charges.

The commission alleged that the minister had failed to exercise his authority to prevent loss to the exchequer caused by illegal mining and rather he willfully facilitated the same for personal gains.

Earlier, information minister Mushtaq Ghani said Chief Minister Pervez Khattak had verbally declared to have sacked the detained minister and therefore, he (Ziaullah) was regarded as dismissed from his cabinet position.

The chief minister had asked Ziaullah either to quit office by himself or else he would be removed.

However, the law minister said though the statement of the chief executive was important, the government had to fulfil legal formalities.

“The government will have to issue a proper notification in this regard otherwise he will continue to be part of the cabinet,” said Mr Qureshi, adding that in principle, the cabinet position of Ziaullah was ineffective due to his detention.

An official in the assembly secretariat said even if the minister was removed from the cabinet, he would continue to retain his seat as MPA unless he was convicted by the court of some unlawful acts and subsequently declared disqualified by the Election Commission of Pakistan.

He said even an arrested MPA could attend the assembly session.

The official said, “under Section 4 of Part-III of the Khyber Pakhtunkhwa Provincial Assembly (Powers, Privileges and Immunities Act, 1988, in respect of a member arrested or detained on any criminal charge, the court is satisfied that he had been summoned to attend a session or a meeting of a committee, such court shall, if the offence of which such member is accused is not punishable with death or transportation for life, release him on his personal recognisance in sufficient time to enable him to attend the session or meeting, as the case may be.”

In addition, the official said, under Rule 65A of the Provincial Assembly of Khyber Pakhtunkhwa Procedure and Conduct of Business Rules, 1988, the speaker at the written request of the member in custody or on his behalf by the respective parliamentary party leader, might, if deemed appropriate, summon the member in custody on the charge of non-bailable offence to attend a sitting or sittings of the assembly.

Published in Dawn, July 17th, 2015

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