KP Assembly speaker hits back at Naqvi over parliamentary privileges

Babar Saleem Swati says prior approval before arresting provincial lawmakers is intended to protect legislative independence, not provide immunity

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PESHAWAR: Khyber Pakhtunkhwa Assembly Speaker Babar Saleem Swati has responded to Interior Minister Mohsin Naqvi’s criticism of a provincial law requiring police to obtain the speaker’s permission before arresting a lawmaker accused of a criminal offence.

Swati said parliamentary privileges were designed to protect the independence of the legislature and shield elected representatives from political pressure, rather than place them above the law.

“If the interior minister had been an elected public representative and part of the parliamentary system, he would know that parliamentary privileges enjoyed by assembly members are not a new invention,” Swati said.

His remarks came a day after Naqvi criticised the provision introduced by the KP government.

“What next? If an MPA kills someone, will the police first wait for the Speaker’s permission to arrest him?” Naqvi asked, describing the provision as an “extraordinary version of ‘equality before law’.”

Swati defends arrest provision

Defending the legislation, Swati said requiring the speaker’s prior permission before arresting a provincial lawmaker on a criminal allegation was not a new practice in KP.

“These protections are meant to maintain the independence of the legislature and prevent elected representatives from being pressured through the police,” he said.

The speaker stressed that parliamentary privileges did not exempt lawmakers from investigations or legal proceedings.

“Every member will face investigation, proceedings and judicial action,” Swati said.

According to the speaker, his role was limited to ensuring that an arrest was not carried out for political retaliation or in a way that could obstruct parliamentary proceedings.

“If you pass a law about immunity in the dark of the night, will that be law?” he asked.

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Speaker questions democratic process

Swati also questioned whether legislation could be considered democratic if parliamentarians were allegedly subjected to pressure through abductions, bribery or floor-crossing.

“If the government and opposition parties in the Khyber Pakhtunkhwa Assembly pass a law by consensus, is that not a law?” he asked.

He urged Naqvi to reconsider his comparison and said the interior minister should examine the context in which the legislation was introduced.

“Think about what you are comparing with what,” Swati said.

The speaker also questioned whether raids by masked individuals on the homes of elected representatives and political leaders without warrants could be described as democratic.

He argued that the parliamentary privileges being criticised were not unique to KP lawmakers and said similar protections were available to the interior minister and other members of parliament.

“You and your colleagues often behave as though your words themselves are the law. That is not the case,” Swati said.

Swati raises international conference issue

Swati also referred to an international honour he recently received for his legislative work, saying the recognition brought attention to Khyber Pakhtunkhwa and Pakistan.

He said representatives from 56 countries, 186 assemblies and around 80,000 parliamentarians had attended the conference.

The KP Assembly speaker alleged that Naqvi had affected Pakistan’s representation at the event by withholding his passport and preventing several lawmakers from attending.

Swati further alleged that the interior minister was seeking to prolong the government’s tenure at the expense of human rights principles.

The exchange comes amid a broader dispute between the federal and KP governments over the scope of parliamentary privileges, police powers and the treatment of provincial lawmakers.

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