PESHAWAR: The Peshawar High Court (PHC) has scheduled October 20 to hear petitions challenging the imposition of governor’s rule and an emergency in Khyber Pakhtunkhwa.
Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Khan and Advocate Salman Khan have filed separate petitions against the measures.
The petitions name the Federation of Pakistan, the president, the prime minister, the Khyber Pakhtunkhwa governor and other relevant authorities as respondents.
President Asif Ali Zardari approved the emergency on October 11 on the advice of Prime Minister Shehbaz Sharif under Articles 232 and 234 of the Constitution.
The federal government cited the province’s deteriorating security situation and concerns about counterterrorism efforts. The PTI, which leads the provincial government, has opposed the emergency and governor’s rule.
Governor Faisal Karim Kundi has taken charge of running the province on behalf of the federal government, assisted by an 11-member technocratic KP Advisory Council.
Parliament Approves Emergency and Governor’s Rule
A day before the latest development, Parliament approved the emergency and governor’s rule in Khyber Pakhtunkhwa during a joint sitting.
The resolutions were moved by Federal Minister for Parliamentary Affairs Tariq Fazal Chaudhary to seek approval of the presidential proclamations issued on October 11 under Articles 232 and 234.
Lawmakers adopted the resolutions after a heated debate between treasury and opposition members.
Meanwhile, the opposition alliance Tehreek Tahaffuz Aiyeen-e-Pakistan (TTAP) announced that it was ending negotiations with the federal government over what it described as “unconstitutional measures.”
PTI Challenges Constitutional Validity
In its petition before the PHC, the PTI has asked the court to declare the emergency and governor’s rule unconstitutional and set both measures aside.
Filed through lawyer Ali Zaman, the petition argues that using terrorism as grounds to curtail the powers of an elected provincial government amounts to discriminatory treatment.
The party maintains that the federal government cannot strip the provincial administration of its powers because of political differences.
To support its argument, the petition points to the absence of governor’s rule in Balochistan despite terrorism and loss of life. It also cites the period from 2007 to 2015, when Khyber Pakhtunkhwa faced security challenges without the current measures being imposed.
The PTI argues that the action against the present provincial government is discriminatory.
The party says it supports counterterrorism operations and efforts to restore peace in the province. However, it alleges that accusations of failing to act effectively against terrorism are being used to increase political pressure.
The petition also states that the PTI secured a two-thirds majority in Khyber Pakhtunkhwa in the 2024 general elections.
PTI Questions Use of Constitutional Provisions
The petition argues that governor’s rule must satisfy the constitutional requirements and procedures set out in Article 234.
It also asks the court to examine the emergency declaration under Article 232, including the relevant parliamentary requirements.
The PTI further maintains that no unlawful action had been planned during its long march.
The PHC is scheduled to hear the challenges on October 20. The court’s proceedings will determine how the petitions are considered under the relevant constitutional provisions.
