Summary The petitions name the Federation of Pakistan, the president, the prime minister, the KP governor and other relevant authorities as respondents
PESHAWAR (Dunya News) - The Peshawar High Court (PHC) will hear petitions challenging the imposition of an emergency and governor’s rule in Khyber Pakhtunkhwa on October 20.
Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Khan and Advocate Salman Khan have filed separate petitions seeking to overturn the measures.
The petitions name the Federation of Pakistan, the president, the prime minister, the KP governor and other relevant authorities as respondents.
In its petition filed through lawyer Ali Zaman, the PTI has asked the PHC to declare the imposition of emergency and governor’s rule unconstitutional and set aside the decisions.
The party argued that using terrorism as a justification to curtail the authority of an elected provincial government amounted to discriminatory treatment. It maintained that political differences could not serve as grounds for stripping the provincial administration of its powers.
The petition also questioned why governor’s rule had not been imposed in Balochistan despite terrorist attacks and loss of life, or in Khyber Pakhtunkhwa during the period from 2007 to 2015. The PTI argued that the decision targeting the current provincial government was discriminatory.
While expressing support for counterterrorism operations and efforts to restore peace, the party alleged that claims of inadequate action against militancy were being used to exert political pressure on its government.
The petition further stated that the PTI had secured a two-thirds majority in Khyber Pakhtunkhwa in the 2024 general elections.
It argued that the imposition of governor’s rule must comply with the constitutional requirements and procedures set out in Article 234. It also called for the emergency proclamation to be scrutinised under Article 232 and the applicable parliamentary requirements.
The PTI additionally maintained that no unlawful action had been planned as part of its proposed long march.
President Asif Ali Zardari approved the imposition of emergency in the province 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 worsening security situation and concerns over its counterterrorism efforts as grounds for the move. The PTI, which governs KP, has challenged the decision.
Governor Faisal Karim Kundi has assumed responsibility for running the province on behalf of the federal government, with assistance from an 11-member technocratic KP Advisory Council.
On Thursday, Parliament approved the presidential proclamations concerning emergency and governor’s rule during a joint sitting following a heated debate between government and opposition lawmakers.
