Peshawar High Court Issues Notices on KP Emergency and Governor’s Rule

PESHAWAR: The Peshawar High Court (PHC) has issued notices to the federal and Khyber Pakhtunkhwa (KP) governments over petitions challenging the imposition of emergency and governor’s rule in the province on October 11.

A two-member bench comprising Justice Ijaz Anwar and Justice Muhammad Faheem Wali heard several petitions on Tuesday. These included a petition filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan.

After hearing preliminary arguments, the court adjourned the proceedings until November 10. It also directed that notices be issued to Attorney General for Pakistan Mansoor Usman Awan and the KP advocate general.

Other petitioners include PTI leader Shandana Gulzar, the KP Bar Council and leaders of the Tehreek-i-Tahafuz-i-Ayin-i-Pakistan (TTAP).

PTI Challenges Constitutionality of Emergency

Barrister Gohar filed his petition on October 14. He asked the court to declare the emergency and governor’s rule unconstitutional and set aside the relevant proclamation.

Appearing for Gohar, Barrister Sameer Khosa and PTI Secretary General Salman Akram Raja argued that the authorities had not fulfilled the constitutional requirements for imposing the measures.

Khosa told the court that the provincial assembly’s approval was mandatory. He referred to Article 232(1) of the Constitution and argued that its wording required the assembly’s consent.

“No approval was obtained from the provincial assembly,” he told the bench.

Khosa also noted that the National Assembly and Senate approved the measures later. He said the petitioners had challenged this development through a miscellaneous application.

The counsel argued that the provincial government had not lost control of the situation. He therefore maintained that the emergency and governor’s rule lacked legal justification.

PTI Seeks Restoration of Assembly and Release of Leaders

During the hearing, Khosa raised concerns about the whereabouts of KP Chief Minister Sohail Afridi and the provincial assembly speaker.

He told the court that both leaders were reportedly missing. The bench asked whether the petition sought their recovery or production before the court.

“Yes, we have made that request in this application,” Khosa replied.

He also cited a Supreme Court judgment involving former KP chief minister Pir Sabir Shah. According to Khosa, the ruling established that the chief minister and cabinet could continue functioning during an emergency.

The lawyer argued that the current measures had rendered the chief minister, cabinet and advocate general inactive.

“Our plea is that the assembly be restored and the chief minister and speaker be released,” he said.

Raja also challenged the legal basis for the measures. He called for their withdrawal and the restoration of the provincial assembly.

Gohar Raises Concerns About PTI Members

Addressing the bench, Gohar said the PTI-led provincial government had supported the federal government in efforts to combat terrorism.

He claimed that 12 PTI-affiliated members of the National Assembly and 14 members of the provincial assembly had been detained. He also alleged that authorities had raided members’ homes and harassed party workers.

Gohar further claimed that deputy commissioners, district police officers and officials in the advocate general’s office had been replaced on October 11.

The PTI chairman reiterated that his party opposed terrorism and supported collective efforts to address the security situation.

He also requested the court to constitute a larger bench and hear the petitions urgently.

Other Petitioners Present Their Arguments

Advocate Muazzam Butt, representing Shandana Gulzar, also questioned the absence of provincial assembly approval before the measures were imposed.

He referred to the apex committee established under the National Action Plan (NAP). He argued that the committee had a role in assessing the province’s security situation.

Representing the KP Bar Council, Advocate Babar Khan Yousaf adopted the arguments presented in Gohar’s petition.

Another petitioner, Advocate Qaiser Shah, supported the imposition of emergency but challenged the decision to impose governor’s rule.

The court also had a petition filed by National Democratic Movement leaders Mohsin Dawar and Bushra Gohar scheduled for hearing on October 20.

Petition Challenges Multiple Government Measures

Gohar filed his petition under Article 199 of the Constitution. It names the federal government, the KP government, Governor Faisal Karim Kundi and other relevant officials as respondents.

The petition challenges the October 11 decision, the order deploying army troops to the province and subsequent executive orders and notifications.

It also contests the formation of the KP Advisory Council and the alleged detention and removal of Sohail Afridi from his executive role.

Following the imposition of emergency and governor’s rule, the federal government formed an 11-member technocratic KP Advisory Council.

The petition asks the court to declare the challenged measures unconstitutional and without legal effect.

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PTI Leaders Reiterate Opposition After Hearing

Speaking to the media after the proceedings, Gohar described the measures as unconstitutional. He also repeated allegations of harassment and raids against party members.

He said the party wanted an early decision because KP was facing both security challenges and concerns over provincial autonomy and resources.

Raja described the emergency as an attack on provincial autonomy and democracy. He maintained that Sohail Afridi remained the province’s chief minister and that the cabinet continued to exist.

Leader of the Opposition in the National Assembly Mehmood Khan Achakzai also called for the dispute to be resolved through the courts.

He warned that unresolved issues could lead to public protests. Achakzai said any demonstrations should remain peaceful.

The PHC is scheduled to take up the petitions again on November 10.