PHC seeks Centre’s response over imposition of emergency, governor’s rule in K-P

The Peshawar High Court (PHC) on Tuesday issued notices to the federal government, the attorney general, the advocate general and other relevant authorities on petitions challenging the imposition of governor’s rule and emergency in Khyber-Pakhtunkhwa (K-P), after petitioners’ counsel argued that the measures were unconstitutional and had been imposed without fulfilling the legal requirements. A division bench comprising Justice Ijaz Anwar and Justice Muhammad Faheem Wali heard the petitions filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan and National Democratic Movement (NDM) leaders, including Mohsin Dawar. During the hearing, the petitioners’ counsel argued that the provincial government had not lost control of the province and that the imposition of emergency and governor’s rule amounted to an attack on provincial autonomy and democracy.

Barrister Sameer Khosa, representing the petitioners, argued that no circumstances indicated the provincial government was unable to maintain control of the province. He said K-P Chief Minister Sohail Afridi and provincial assembly Speaker Babar Saleem Swati were missing and their whereabouts were unknown. Justice Anwar asked whether the petition sought their production before the court or their recovery.

“Yes, we have made that request in the petition,” Khosa replied. Citing the Supreme Court’s judgment in the Pir Sabir Shah case, Khosa argued that even if an emergency was imposed, the chief minister and cabinet would continue to function. In the present case, however, the chief minister, cabinet and advocate had been prevented from performing their duties and rendered inactive, he said.

Khosa urged the court to restore the provincial assembly and secure the release of Afridi and Swati. Petitioners’ counsel PTI Secretary General Salman Akram Raja argued that governor’s rule and emergency had been imposed without fulfilling the legal requirements. He urged the court to declare the measures illegal and restore the provincial assembly.

Read: PHC takes up challenge to emergency today Raja maintained that Afridi remained the chief minister and the provincial cabinet was still in place. He said a resolution passed by the provincial assembly was necessary for the imposition of emergency, adding that governor’s rule could only be justified if the provincial government was unable to function. Lawyers across Khyber-Pakhtunkhwa boycotted court proceedings on Monday on the call of the K-P Bar Council to protest the imposition of governor's rule and an emergency in the province.

The boycott kept lawyers away from courts in various districts, disrupting hearings and affecting routine judicial business. The Bar Council termed the imposition of governor's rule and the emergency unconstitutional and illegal, demanding that the federal government immediately withdraw its decision. The province-wide strike was announced as a mark of protest against the federal government's move, which the legal body said raised serious questions regarding constitutional and legal requirements.