Peshawar High Court Issues Notices in KP Governor Rule Case

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PESHAWAR (The COW News Digital) The Peshawar High Court has issued notices to the federal government, the Attorney General and other relevant parties on petitions challenging the imposition of emergency and Governor’s Rule in Khyber Pakhtunkhwa. The court adjourned further proceedings until November 10.

A two-member bench comprising Justice Ijaz Anwar and Justice Faheem Wali heard separate petitions filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan and Salman Akram Raja. The petitions challenge the legality of the emergency measures and Governor’s Rule imposed in the province.

Barrister Gohar had requested an early hearing of his petition. After hearing arguments from the lawyers, the bench directed notices to be issued to the concerned parties and postponed the next hearing.

During his arguments, Barrister Gohar argued that Governor’s Rule and the emergency had been imposed under the pretext of countering terrorism. He said PTI had consistently supported the federal government in the fight against terrorism and questioned why the province was being subjected to such measures.

He further alleged that 12 members of the National Assembly and 14 members of the provincial assembly had been taken away. He also claimed that raids were being conducted at the homes of party members and that they were facing harassment.

Gohar urged the authorities to avoid actions that could deepen political divisions and create resentment among the public. He maintained that Pakistan’s interests should come first and questioned the rationale behind measures directed against his party.

The PTI chairman also referred to administrative changes, alleging that deputy commissioners, district police officers and officials of the Advocate General’s Office had been transferred on October 11.

PTI lawyer Salman Akram Raja argued that Chief Minister Sohail Afridi, the provincial assembly speaker and other lawmakers were being held in unlawful detention. He described the alleged actions as unconstitutional and contrary to democratic principles.

Raja maintained that a chief minister and assembly speaker could not be removed through unlawful means. He asked the court to restore the provincial government and secure the release of the chief minister and speaker.

He further argued that the emergency and Governor’s Rule had been imposed without fulfilling the necessary legal requirements. According to Raja, the measures undermined provincial autonomy and democratic governance.

He contended that a provincial assembly resolution was necessary for the imposition of an emergency, while Governor’s Rule required circumstances in which the provincial government could not function in accordance with constitutional provisions.

Raja maintained that Sohail Afridi remained the province’s chief minister and that the provincial cabinet continued to exist. He also requested interim relief from the court.

Justice Ijaz Anwar indicated that notices would be issued to the federal government, the Attorney General, the Advocate General and other relevant parties. The court said it would consider the request for interim relief.

Opposition Leader in the National Assembly Mahmood Khan Achakzai, speaking outside the court, said political disputes should be resolved through judicial proceedings rather than street protests.

He warned that unresolved issues could spill onto the streets if legal avenues failed to deliver results. Referring to the Constitution of 1973, Achakzai said it had been drafted after considerable effort and stressed the importance of protecting constitutional principles.

He clarified that the opposition had no personal enmity with PML-N President Nawaz Sharif or PPP Chairman Asif Ali Zardari. He also highlighted the representative status of the Khyber Pakhtunkhwa chief minister.

Achakzai called for peaceful protests against the government, describing the political confrontation as entering a critical phase.

The case is expected to return before the Peshawar High Court on November 10, when the legal challenges to the emergency and Governor’s Rule will proceed.

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