Whose house is it anyway?

Khyber Pakhtunkhwa (KP) House has recently been in the news due to a series of controversial events involving Ali Amin Gandapur, the KP Chief Minister and a prominent figure in the opposition Pakistan Tehreek-e-Insaf (PTI).

During a tense standoff between the federal government and the PTI last weekend in Islamabad, in the wake of violent protests demanding the release of jailed PTI founder and ex-prime minister Imran Khan, Gandapur sought refuge at KP House to evade arrest by federal law enforcement personnel.

Law enforcement personnel at the entrance to Khyber Pakhtunkhwa House in Islamabad where Pakistan Tehreek-e-Insaf's provincial chief minister Ali Amin Gandapur was along with party supporters, on October 5, 2024. @aliimranabbasi/X

The action came shortly after police raided the KP House in an attempt to arrest Chief Minister Ali Amin Gandapur, who had led a convoy of PTI supporters from Peshawar to Islamabad to protest against constitutional amendments and the imprisonment of party founder Imran Khan.

He eventually made it out of the provincial house undetected and remained 'missing' for about 24 hours before resurfacing at the KP Assembly - situated in the province of KP.

Two days later, the Capital Development Authority (CDA) sealed several blocks of the KP House in Islamabad, citing lease expirations and violations of building bylaws.

The KP government challenged the action in the Peshawar High Court (PHC), which asked it to refer to the Islamabad High Court (IHC).

Symbol of unity or political battleground?

Provincial houses, situated in the vicinity of the Parliament, the Presidency, and the federal secretariat in Islamabad, serve as emblematic representations of their respective provinces in the capital. They play a crucial role in accommodating lawmakers and officials from across the country during parliamentary sessions, meetings, conferences, and other official engagements.

Advocate Faisal Chaudhry informed Nukta that the administrative control of provincial houses falls under the jurisdiction of their respective provinces, which are responsible for managing their own security.

He characterized the raid on KP House as a violation of constitutional law, questioning whether the security forces possessed a valid arrest warrant for the KP Chief Minister. "Even if warrants were issued, the excessive use of force was unwarranted," he asserted.

Chaudhry also voiced concern over the growing trend of law enforcement agencies disregarding the sanctity of such institutions, citing previous incidents such as the attack on the Islamabad High Court, the raid on Parliament, and now the incursion at KP House.

Advocate Abid Zuberi informed Nukta that the KP House is the property of the Khyber Pakhtunkhwa government, emphasizing that federal authorities, including the CDA, lack jurisdiction over the premises.

"The recent raid on KP House was illegal and constituted a violation of provincial autonomy, which is guaranteed under the Constitution of Pakistan. No law authorizes the federal government to seal it. Article 173 of the Constitution states that it is the property of the province, and Articles 142 and 148 can also be referenced," Zuberi noted.

The opposing view

Ahsan Bhoon, former president of the Supreme Court Bar Association, opined that the laws of the area where a property is located are applicable to that property. He explained that while the symbolic ownership of these houses lies with the provinces, KP House is situated in Islamabad, where the CDA Ordinance of 1960 applies.

"It is not feasible to apply the rules and regulations of the Peshawar Development Authority in Islamabad," Bhoon said. He further asserted, "The action taken by the CDA is not illegal; unfortunately, everything here has been politicized."

Hafiz Ahsan Khokar, senior advocate of the Supreme Court, said to Nukta, "All the provincial houses in Islamabad were provided land by CDA, and whenever CDA allots a plot of land, CDA's bylaws are enforceable on it."

Khokar clarified the matter of exemptions, saying, "When it comes to exemptions, they can be offered for international laws but not for local laws. Embassies receive exemptions for some laws, but they still have to adhere to building bylaws.”

Addressing the legal jurisdiction, he noted, "The petition filed in the Peshawar High Court was also rejected, and the petitioner informed that the issue falls under the jurisdiction of the Islamabad High Court. This confirms that Islamabad's local laws will be applied, including the CDA ordinance under which the KP House has been sealed. If other provincial houses violate these laws, there will be action against them too."

He emphasized that KP House is subject to federal laws, "Islamabad police has jurisdiction to carry out law enforcement actions anywhere in the capital, including in KP House."

Khokar concluded, "There are no legal exceptions for harming law and order or for building bylaws."

The PHC's decision to advise the KP government to consult the IHC lends support to this perspective.

Sealing of KP House

CDA Special Magistrate Sardar Asif, accompanied by building control teams and law enforcement, partially closed the KP House on Monday. The CDA stated that the closure was due to unauthorized construction on the premises. The authority claimed that despite issuing warnings, the KP House management failed to address the violations.

An officer of the Capital Development Authority sealing a block of Khyber Pakhtunkhwa House in Islamabad on October 7, 2024. Nukta

CDA Media Director Shahid Kiani emphasized that this operation was standard procedure and unrelated to any political motivations. He maintained that the CDA was simply carrying out its regulatory duties.

Regardless, the timing of this crackdown has raised suspicions of political retaliation.

The security of provincial official houses in Islamabad is typically managed by provincial police forces, with support from the Islamabad Police.

When legal issues or special events arise, such as the sealing of the KP House, coordination occurs between the CDA and the Ministry of Interior.

It is crucial to note that local police and administration cannot enter these houses or conduct raids without prior authorization of the federal government.

Reactions to KP House raid

Dr. Farhatullah Babar, leader of the Pakistan Peoples Party, told Nukta that provincial houses serve crucial functions beyond lodging for parliamentarians and officials. "Each House is a symbol of the distinct culture, traditions, and values of its province, forming part of the federation's mosaic," he said. "A deliberate ransacking of it violates the dignity of the people and their culture that it represents in the capital."

"It is not merely a piece of property belonging to the provincial government. Like a country's flag, it is a symbol of the province itself. Its ownership and sanctity transcend political, class, and religious partisanship. It belongs to everyone in the province," he noted.

Commenting on recent law enforcement actions at the KP House, he stated, "Protecting the sanctity of these houses in Islamabad is the moral and political responsibility of the federation. The ransacking of the Pakhtunkhwa House is highly emotive, most distasteful, and undermines the federation. The perpetrators owe a public apology."

The damaged structure symbolizes the violation of a federating unit in the capital. "It should be viewed as seriously as the alleged ransacking of other state symbols on May 9 last year. Candor, unfortunately, permits no other comment."

Political analyst Imtiaz Gul lamented how the rule of law or sanctity of a house representing a federating unit does not matter anymore. "Brute state power is on display right now, with all sorts of administrative and legal measures and tactics being deployed to pin down the PTI," he said. Gul added that sealing the KP House is simply part of that approach targeting the PTI, where legality or morality no longer seems to matter.