PESHAWAR – The Peshawar High Court (PHC) on Tuesday issued notices to the federal and Khyber Pakhtunkhwa governments over multiple petitions contesting the imposition of emergency and governor’s rule in the province.
The court adjourned further proceedings until November 10 after hearing initial arguments.
A two-judge bench, comprising Justice Ijaz Anwar and Justice Muhammad Faheem Wali, also directed that notices be sent to the attorney general for Pakistan and the KP advocate general. The bench said a further order would be issued subsequently.
The petitions include one filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali, alongside pleas submitted by PTI leader Shandana Gulzar, the KP Bar Council and representatives of Tehreek-i-Tahafuz-Ayin-i-Pakistan (TTAP).
Representing Gohar, lawyers Barrister Sameer Khosa and Salman Akram Raja challenged the constitutional and legal basis of the measures. Khosa argued that Article 232(1) of the Constitution required approval from the provincial assembly before an emergency could be imposed.
He maintained that the mandatory procedure had not been followed and said subsequent approval by the National Assembly and Senate was also being contested.
The counsel further argued that conditions in KP did not justify the measures and referred to a Supreme Court ruling in the former chief minister Pir Sabir Shah case. He contended that the chief minister and provincial cabinet should continue functioning during an emergency.
Khosa told the bench that Chief Minister Sohail Afridi and the provincial assembly speaker were allegedly missing and said the petition sought their recovery, restoration of the assembly and reversal of the measures.
Raja also maintained that the relevant legal requirements had not been fulfilled and called for governor’s rule and the emergency to be withdrawn.
Addressing the court, Gohar alleged that PTI-affiliated lawmakers had been taken into custody and that party members were facing harassment and raids at their homes. He claimed that 12 members of the National Assembly and 14 provincial lawmakers had been picked up.
The court will take up the matter again on November 10.
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