PESHAWAR: The Peshawar High Court on Tuesday issued a notice to the attorney general on Pakistan Tehreek-e-Insaf’s petitions 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 took up the petitions filed by PTI Chairman Barrister Gohar Khan and Advocate Salman Khan, who have asked the court to declare the measures unconstitutional and set them aside.
The PML-N-led federal government imposed governor’s rule and the emergency in KP, ruled by the PTI since 2013, on October 11, citing rising terrorism and the provincial government’s lack of support for counterterrorism operations. KP Governor Faisal Karim Kundi is running the province on behalf of the federal government, assisted by an 11-member technocratic advisory council.
During the hearing, Barrister Gohar argued that governor’s rule, the emergency, the advisory council and the transfer of 38 deputy commissioners had all been imposed on the same day. He alleged that 12 of the party’s National Assembly members and 13 members of the provincial assembly had been abducted, and claimed his party’s offices had been demolished and plaques marking development projects broken.
The petitioners’ counsel contended that an emergency could only be imposed in the event of war or external interference, which did not exist here. He argued the provincial government had the authority to tackle terrorism, and that Article 234 of the Constitution could be invoked only when a provincial government ceased to function, whereas the assembly and government had continued working.
After hearing the arguments, Justice Anwar said the court would seek the Attorney General’s Office’s response and adjourned the hearing until November 10.
Separately, the court took up petitions seeking the recovery of now-dysfunctional KP chief minister Sohail Afridi, Assembly Speaker Babar Saleem Swati and PTI provincial president Junaid Akbar. Justice Arshad Ali issued notices to the provincial government, police and relevant officials in Afridi’s case, directing responses within two days, while a bench with Justice Farah Jamshed sought replies from the government and the KP inspector general of police on the other two petitions within 10 days.
