PESHAWAR – Interior Minister Mohsin Naqvi has criticised a procedure issued by the Khyber Pakhtunkhwa Provincial Assembly requiring prior permission from the Speaker before an assembly member can be arrested or detained.
In a post on X, Naqvi questioned the provision, asking whether police would also have to wait for the Speaker’s permission if an MPA were accused of killing someone. He described the arrangement as an “extraordinary version” of equality before the law and also referred to the concept of “Riyasat-e-Madina.”
The remarks came after the Khyber Pakhtunkhwa Provincial Assembly Secretariat issued a letter dated September 25, 2026, addressed to the Inspector General of Police.
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
The letter refers to Section 11 of the Khyber Pakhtunkhwa Provincial Assembly (Powers, Immunities and Privileges) Act, 2026.
According to the provision cited in the letter, when a member of the provincial assembly is to be arrested on a criminal charge or for a criminal offence, or detained under an executive order, the relevant magistrate or executive authority must seek prior permission from the Speaker. The request must state the reasons for the proposed arrest or detention.
The provision further states that, where the Speaker considers it necessary in the public interest, the relevant police officer may be required to submit a police report or challan to establish the facts of the matter. The Speaker may also call for an inquiry before submission of the challan to the court.
The Provincial Assembly Secretariat has directed the KP police chief to ensure strict compliance with Section 11 and to follow the prescribed procedure before arresting or detaining any member of the provincial assembly.
The letter was signed on behalf of the Provincial Assembly Secretariat and was issued from Peshawar on September 25, 2026.
