Peshawar High Court on Tuesday directed the attorney general to respond to petitions filed by Pakistan Tehreek-e-Insaf challenging the imposition of governor’s rule and emergency in Khyber Pakhtunkhwa. A two-member bench of Justice Ijaz Anwar and Justice Faheem Wali heard the cases brought by PTI Chairman Barrister Gohar Khan and Advocate Salman Khan. The petitioners have asked the court to declare both measures unconstitutional and set them aside.
The federal government led by the Pakistan Muslim League-Nawaz imposed governor’s rule and emergency in the PTI-ruled province on October 11. Officials cited a rise in terrorism incidents and claimed the provincial government was not fully supporting counterterrorism operations. KP Governor Faisal Karim Kundi assumed charge of the province and is being assisted by an 11-member technocratic advisory council.
During the hearing, Barrister Gohar Khan told the court that governor’s rule, the emergency, the formation of the advisory council and the transfer of 38 deputy commissioners all happened on the same day. He further alleged that 12 of the party’s National Assembly members and 13 provincial assembly members had been abducted. The PTI chairman also claimed that party offices were demolished and plaques of development projects were broken, saying the party was being treated differently from others.
Counsel for the petitioners argued that an emergency can only be imposed in case of war or external aggression. “There is neither war nor external aggression here,” the lawyer stated. He maintained that the provincial government already has the authority to deal with terrorism and pointed out that terrorism had been much higher in the past without any emergency being declared. The counsel also referred to Article 234 of the Constitution, arguing that it can be used only when a provincial government has stopped functioning. He stressed that both the assembly and the government in Khyber Pakhtunkhwa were still operating and there had been no breakdown of the constitutional order.
After listening to the arguments, Justice Anwar announced that the court would seek a response from the Attorney General’s Office. The bench then issued the notice and adjourned the matter until November 10.
In related proceedings, the court also sought replies on petitions demanding the recovery of former KP Chief Minister Sohail Afridi, Assembly Speaker Babar Saleem Swati and PTI provincial president Junaid Akbar. Notices were issued to the provincial government, police and other authorities with specific deadlines for their responses.
The developments highlight the ongoing legal and political contest over the federal government’s decision to take control of the province amid security concerns.
