PESHAWAR: Interior minister Mohsin Naqvi’s response to Khyber Pakhtunkhwa Assembly Speaker Babar Saleem Swati’s demand for prior approval to arrest any of the province’s lawmakers has sparked a debate, with the minister wondering whether police will need the speaker’s consent even if an MPA commits murder.

Late on Friday, Mr Swati wrote a letter to provincial police chief Zulfiqar Hameed, asking him to seek his approval before arresting any sitting lawmaker, citing Section 11 of the Khyber Pakhtunkhwa Provincial Assembly (Powers, Immunities and Privileges) Act, 2026, which requires the speaker’s permission for the detention of a provincial assembly member.

Section 11 of the Khyber Pakhtunkhwa Provincial Assembly (Powers, Immunities and Privileges) Act, 2026, reads: “When 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 letter also pointed out that where the speaker deemed it necessary in the public interest, he could ask the relevant police officer to submit the police report, as the case might be, to ascertain the facts of the matter.

Naqvi questions speaker’s consent requirement; Swati defends assembly privilege, due process

“The speaker may, in his discretion, call up such inquiry before submission of challan in the court, as he may deem appropriate,” it read.

The speaker asked the IGP to ensure strict compliance with the provisions of Section 11 of the Act and adopt the prescribed procedure before arresting or detaining any member of the KP Assembly, whenever such action becomes necessary.

Mr Naqvi wondered in a tweet on Saturday whether the police would wait for the assembly speaker’s permission for arrest even if the lawmaker kills someone.

“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?” he questioned.

The interior minister mockingly described it as an “extraordinary version of equality before the law”.

“Well done. Keep it up! And this is Riyasat-e-Madina?”

In reply to Mr Naqvi on Saturday, Speaker Swati said in a post on X (formerly Twitter) that his initiative was not something new and that the privileges the interior minister criticised were enjoyed by himself and his colleagues.

He noted that the privilege in question existed to prevent the executive from silencing elected representatives through police and to enable the assembly to function without fear.

The speaker said that the law did not place an MPA above the law and that an accused member remained subject to investigation, prosecution and judicial process.

“The speaker’s role is only to ensure that no arrest is made with the intent of political revenge or disrupting the House,” he said.

Mr Swati wondered why no issues were raised when people were abducted, laws were passed in the dark and people were given immunity, but minister Naqvi had complaints about the laws passed jointly by the treasury and opposition lawmakers in KP.

“Today, we are witnessing a far more serious attack on democracy, without warrants, masked individuals are raiding homes of MNAs, MPAs and PTI leadership and abducting them in order to prevent peaceful protest. Is this democracy? When bullets were fired and massacres took place on November 24, May 9 and May 25, it became clear that this is not democracy but a state run by a few individuals, where the Constitution has been reduced to mere paper,” he insisted.

The speaker said that people had been leaving the country, hope was dying and investors were frightened but those in power were enjoying all kinds of privileges.

“History shows that people like you [minister Naqvi] leave this country when true democracy comes. Now, the people of Pakistan will decide once and for all what democracy is: government of the people, by the people and for the people.”

He told the minister that some of the federal cabinet’s members had secured immunity for themselves through parliament so that no one could question them.

“A few days ago, I, as the speaker of the KP Assembly, was honoured with an international award for record legislation — legislation that reflects true public representation and democracy,” he said.

Mr Swati added that no previous assembly had done that kind of progressive legislation.

“You blocked my passport and prevented several MNAs and MPAs from attending the conference, which represented 56 countries, 186 assemblies and approximately 80,000 parliamentarians. But your sole priority is how to prolong your so-called illegal government of Form 47 by trampling human rights and ethics,” he told the interior minister.

Speaker Swati said international media and human rights organisations were continuously writing about serious human rights violations and other abuses that were defaming the country across the world but not a single concern reached the interior minister’s ears.

Published in Dawn, September 27th, 2026