ISLAMABAD (Kashmir English): Federal Interior Minister Mohsin Naqvi on Saturday criticised the Khyber Pakhtunkhwa government over the law requiring police to obtain prior permission from the Speaker before arresting or detaining a member of the provincial assembly in a criminal case.
The remarks came after the KP Assembly Secretariat wrote a letter to the Inspector General of Police (IGP), directing the police chief’s office to comply with the provisions mentioned in the Khyber Pakhtunkhwa Provincial Assembly (Powers, Immunities and Privileges) Act, 2026, enacted earlier this year.
Reacting to the provision, Naqvi questioned the rationale behind granting such protection to elected lawmakers and raised concerns over its implications for equality before the law.
“Now in Khyber Pakhtunkhwa, even if an MPA is accused of a criminal offence, the police must first seek the Speaker’s permission before arresting him,” Naqvi wrote in a post on X.
Now in Khyber Pakhtunkhwa, even if an MPA is accused of a criminal offence, the police must first seek the Speaker’s permission before arresting him.
What next? If an MPA kills someone, will the police first wait for the Speaker’s permission to arrest him?
What an extraordinary… pic.twitter.com/HaxuBDT3c1
— Mohsin Naqvi (@MohsinnaqviC42) September 26, 2026
He went on to question whether the same requirement would apply even if an MPA kills someone, asking whether police would have to wait for the Speaker’s permission before arresting him.
“What an extraordinary version of “equality before law.” Well done. Keep it up! And this is Riyasat-e-Madina?” Naqvi sarcastically questioned.
Section 11(1) of the KP Provincial Assembly (Powers, Immunities and Privileges) Act, 2026, states, “11When a Member has to be arrested on a criminal charge or for a criminal offence or has to be detained under an executive order, the Magistrate or the executive authority, as the case may be, shall seek prior permission of the Speaker, indicating the reasons for the arrest or detention of the Member in the appropriate form set out in the Second Schedule.”
The law further says that where the Speaker deems it necessary to arrest a lawmaker in the public interest, he may require the relevant police officer to submit the police report or challan to ascertain the facts of the matter.
“The Speaker may, in his discretion, call up such inquiry before submission of challan in the court, as he may deem appropriate,” it stated.
The letter directed the IGP to ensure that police follow the “prescribed procedure before arresting or detaining any member of the provincial assembly of KP, whenever such action becomes necessary.”
