PESHAWAR: The Peshawar High Court (PHC) on Tuesday issued notices to the federal government, attorney general and other respondents over petitions challenging the imposition of governor’s rule and emergency in Khyber Pakhtunkhwa, as Pakistan Tehreek-e-Insaf (PTI) sought restoration of the provincial government and release of its detained leadership.
A two-member bench comprising Justice Ijaz Anwar and Justice Faheem Wali heard separate petitions filed by PTI Chairman Barrister Gohar Ali Khan and another petitioner challenging the constitutional validity of the federal government’s actions in the province.
The court directed the respondents to submit their responses and adjourned further proceedings until November 10.
The petitions challenge the legality of the emergency measures and governor’s rule, with PTI arguing that the constitutional requirements for such actions had not been fulfilled.
PTI challenges governor’s rule and detention of provincial leadership
Appearing before the court, Barrister Gohar questioned the federal government’s justification for imposing emergency measures in Khyber Pakhtunkhwa, arguing that terrorism had been used as a pretext for actions against the provincial administration.
He maintained that PTI had consistently supported the federal government in efforts to combat terrorism but was now facing measures that could deepen political divisions.
Gohar alleged that 12 PTI members of the National Assembly and 14 members of the provincial assembly had been taken into custody, while raids were being conducted at party lawmakers’ residences.
He also referred to the transfer of deputy commissioners, district police officers and officials of the Advocate General’s Office on October 11, questioning the circumstances surrounding the administrative changes.
The PTI chairman urged the authorities to avoid measures that could increase public resentment, stressing that political differences should not undermine national unity.
Salman Akram Raja seeks restoration of KP government
PTI leader Salman Akram Raja told the court that Chief Minister Sohail Afridi, the provincial assembly speaker and other lawmakers were being held in what he described as unlawful detention.
He argued that the removal of the provincial administration through emergency measures and governor’s rule violated constitutional principles and democratic rights.
Raja requested the court to declare the measures unlawful, restore the provincial assembly and order the recovery of the chief minister and speaker.
He contended that the constitutional conditions for imposing emergency measures and governor’s rule had not been met, arguing that the provincial government remained functional and that Sohail Afridi continued to hold the office of chief minister.
According to Raja, the imposition of emergency measures required compliance with constitutional procedures, while governor’s rule could not be justified without establishing that the provincial government was unable to function.
The PTI leader also sought interim relief pending a final decision on the petitions.
The bench indicated that the request for interim relief would be considered while issuing notices to the federal government, attorney general, advocate general and other respondents.
Achakzai warns against resolving political disputes outside courts
Opposition Leader in the National Assembly Mahmood Khan Achakzai, speaking to journalists at the Peshawar High Court, called for political disputes to be resolved through constitutional and judicial processes.
He warned that failure to address grievances through the courts could push political confrontation onto the streets.
Achakzai stressed the importance of protecting the 1973 Constitution and said political disagreements should not be treated as personal hostility towards rival leaders.
He also criticised the treatment of Khyber Pakhtunkhwa’s elected leadership, describing the chief minister as a representative of millions of people.
The opposition leader called for peaceful political protests against the government’s actions.
The court’s decision to issue notices sets the stage for further judicial examination of the constitutional challenges to governor’s rule and emergency measures in Khyber Pakhtunkhwa.
The petitions will be taken up again on November 10, when the federal government and other respondents are expected to present their positions.