The Peshawar High Court (PHC) on Tuesday issued a notice to the attorney general of Pakistan, seeking a response to petitions filed by Pakistan Tehreek-e-Insaf (PTI) challenging the imposition of governor’s rule and an emergency in Khyber Pakhtunkhwa.
A two-member bench comprising Justice Ijaz Anwar and Justice Faheem Wali heard the petitions filed by PTI Chairman Barrister Gohar Khan and Advocate Salman Khan. The petitioners have asked the court to declare the measures unconstitutional and set them aside.
The PML-N-led federal government imposed governor’s rule and an emergency in KP on October 11, citing rising terrorism incidents and a lack of support from the provincial government for counterterrorism operations.
KP Governor Faisal Karim Kundi assumed responsibility for running the province on behalf of the federal government, assisted by an 11-member technocratic advisory council.
During Tuesday’s hearing, Barrister Gohar said governor’s rule and the emergency had been imposed on the same day as the advisory council was formed and 38 deputy commissioners were transferred.
He also alleged that 12 PTI members of the National Assembly and 13 members of the provincial assembly had been abducted.
“Our offices have been demolished, and plaques marking the inauguration of development projects have been broken,” he told the court, alleging that his party was being treated differently from others.
Earlier, the petitioners’ counsel argued that an emergency could be imposed in circumstances involving war or external interference.
“There is neither war nor external aggression here,” the lawyer said.
The counsel maintained that the provincial government had the authority to take measures against terrorism, adding that an emergency had not been imposed even when terrorism had reached its peak in the past.
The lawyer argued that Article 234 of the Constitution could be invoked only when a provincial government was unable to function.
He said the provincial assembly and government were still functioning and that there had been no constitutional breakdown.
After hearing the arguments, Justice Ijaz Anwar said the court would seek a response from the Attorney General’s Office.
The court issued the notice and adjourned the hearing until November 10.
Court seeks responses on petitions for recovery of PTI leaders
Separately, the PHC sought responses from the government and relevant authorities on petitions seeking the recovery of former KP chief minister Sohail Afridi, provincial assembly Speaker Babar Saleem Swati and PTI provincial president Junaid Akbar.
During the hearing of a petition seeking Afridi’s recovery, Justice Arshad Ali issued notices to the provincial government, police and relevant officials, directing them to submit their responses within two days.
A separate two-member bench comprising Justice Arshad Ali and Justice Farah Jamshed heard petitions concerning the recovery of Swati and Akbar.
The court issued notices to the provincial government, the KP inspector general of police and other relevant authorities, seeking their responses within 10 days.
