ISLAMABAD: The newly elected Khyber Pakhtunkhwa Chief Minister, Sohail Afridi, is currently barred from travelling abroad as his name is on the Provisional National Identification List (PNIL) — commonly known as the no-fly list — according to official documents available with HUM News English.
According to the documents, Afridi’s name was earlier added to the no-fly list on the recommendation of the Interior Ministry following the May 9 incidents.
Sources said that the newly KP chief minister is currently under investigation by the National Cybercrime Agency for allegedly writing against state institutions and key personalities on social media.
Documents also reveal that Afridi did not pay any taxes during the fiscal years 2021, 2022, and 2023, and his name is listed among “non-filers” with the Federal Board of Revenue (FBR).
Afridi is reported to have travelled to the United Arab Emirates once in 2019, but has not renewed his passport since 2021, the sources added.
Earlier on Monday, the Khyber Pakhtunkhwa Assembly elected Pakistan Tehreek-e-Insaf (PTI) nominee Sohail Afridi as the new chief minister amid opposition protest who labelled the session “unconstitutional.”
According to the KP Assembly speaker, Afridi secured 90 votes in the 145-member house.
Meanwhile, opposition leader Dr Ibadullah declared the election unconstitutional and announced to challenge it in court.
The development came just hours after KP Governor Faisal Karim Kundi refused to accept the resignation of former chief minister Ali Amin Gandapur, raising questions over the legality of the new CM’s election.
Legal experts have expressed mixed opinions on the matter. Some argue that Gandapur’s presence in the assembly and his participation in the session confirmed his resignation, making further verification unnecessary.
Others believe the governor has the authority to summon the outgoing chief minister to confirm the resignation in person.
Earlier, Governor Kundi had returned Gandapur’s resignation, claiming discrepancies in the signatures.
He later posted a letter on X addressed to Gandapur, rejecting both resignations and instructing him to appear at the Governor House on October 15 for verification.
“The signatures on the purported resignations submitted on October 8 and 11 do not match,” the governor wrote, adding that he was out of town and would return by October 15 to verify the resignations in person.
Responding to the governor’s post, Ali Amin Gandapur wrote on X: “The governor has finally received both my resignations. I confirm that both bear my signatures.”
Speaking in the provincial assembly, Gandapur said democracy in Pakistan had been turned into a “mockery.” He reiterated that he had resigned and would now stand firmly with his party on all matters.
PTI leaders strongly criticised the governor for rejecting the resignation. Party leader Naeem Akhtar Panjotha said on X that Faisal Karim Kundi had “violated his oath and failed to uphold the Constitution,” demanding his immediate removal.
He said Article 102, read with the Third Schedule of the Constitution, obligated the governor to act strictly in accordance with the law. “The chief minister submitted a written resignation, accompanied by a video message announcing it. When the first resignation wasn’t received, he sent another to avoid any excuse,” he added.
Panjotha argued that objections to signatures only apply when a person is missing or unrecognisable.
Legal experts divided over constitutional procedure
Article 130(8) of the Constitution of Pakistan outlines the procedure for a chief minister’s resignation, stating that it must be submitted in writing to the governor. The outgoing CM continues to hold office until a successor is elected, even if technically resigned.
Experts warn that the governor’s refusal to accept the resignation and the subsequent election of a new CM could trigger a constitutional crisis in the coming days.
Former attorney general Ashtar Ausaf said there is “no concept of acceptance” of resignations in the Constitution for key positions such as the prime minister, attorney general, or chief minister.
Speaking to BBC Urdu, he said Article 130(8) clearly states that a resignation bearing the CM’s signature is sufficient. “Ali Amin Gandapur formally announced his resignation, attended the assembly, and voted in the election of his successor. There is no ambiguity left,” he said.
Ausaf added that “the constitutional requirement has been fulfilled. Anyone claiming ambiguity likely hasn’t read the Constitution.”
Legal expert Maha Raja Tarin wrote on X that the Supreme Court of Pakistan had previously ruled that under Article 130(8), once a written resignation is received and acknowledged by the governor, it becomes effective immediately.
“In light of the Constitution’s spirit, no formal approval, notification, or further action is required—the CM’s office stands vacated at that moment,” she noted.
Legal analyst Reema Omar said the KP governor was not acting in line with constitutional principles. “The chief minister resigned under Article 130(8), yet the governor is forcing him to remain in office,” she said.
However, senior lawyer Dr Khalid Ranjha argued that the governor has the discretion to verify a resignation personally. “It’s like a cheque where mismatched signatures require in-person confirmation. This is a CM’s resignation—we must ensure authenticity,” he said.
He added that if the governor suspects the CM signed under duress or doubts the authenticity, he can summon the CM for verification.
On whether the assembly session could be called before the resignation’s acceptance, Ranjha said, “Until the resignation is verified, a new chief minister cannot be elected.”
Ashtar Ausaf disagreed, saying, “If a CM is abroad and emails a resignation, the governor may verify it was not made under pressure. But when the CM is physically present, declares his resignation, and even votes for a new CM, transparency cannot be questioned.”
PTI rift, resignation and Afridi’s nomination
Ali Amin Gandapur’s resignation came days after internal rifts within PTI’s KP chapter and growing criticism over his handling of unrest in the province. Sources said party founder Imran Khan had decided to replace him following the failed campaign for Khan’s release and rising violence in the region.
Afridi’s nomination as CM also stirred controversy. The ruling Pakistan Muslim League-Nawaz (PML-N) criticised the move, with Information Minister Atta Tarar alleging that “Sohail Afridi is being brought in to facilitate terrorists.”
The newly elected chief minister, Sohail Afridi, is a long-time PTI loyalist who began his political career with the party’s student wing, the Insaf Student Federation (ISF).
A 35-year-old native of Khyber district, Afridi was elected from PK-71 with a large majority. He holds a degree in economics and a diploma in journalism.
According to party leaders, Afridi has been part of PTI since 2008–2009, serving as ISF’s provincial and central president before leading the Insaf Youth Wing at both levels.
A recent viral video shows Afridi declaring, “My line will always be the same as Imran Khan’s.”