The Peshawar High Court has issued notices to the federal and provincial governments and adjourned further hearings till November 10 on constitutional petitions filed against the imposition of Governor’s Rule and Emergency in Khyber Pakhtunkhwa. The Pakistan Tehreek-e-Insaf (PTI) has termed these measures unconstitutional and requested the court to declare them null and void.
During the hearing in the court, PTI Chairman Barrister Gauhar Ali Khan took the stand that Governor’s Rule and Emergency were imposed in the province by justifying measures against terrorism. According to him, a judicial review of the constitutionality of the measures taken against the provincial government and elected representatives is necessary.
Barrister Gauhar said that his party has always condemned terrorism, and this issue should be kept separate from political differences. He also expressed reservations over the alleged treatment of party workers and elected members. He said that PTI will present legal arguments in court in support of its position and will also continue to raise its voice for the release of the leadership.
The petitioners’ lawyer Salman Akram Raja also challenged the government’s decision and requested the restoration of the provincial government and the assembly. According to him, constitutional requirements must be met for the implementation of governor’s rule. He also submitted that the legal basis for terminating the constitutional status of the provincial government, if it exists, should be clear. These points are part of the petitioners’ arguments and not the final decision of the court.
The Leader of the Opposition in the National Assembly, Mahmood Khan Achakzai, also stressed adopting a constitutional path to resolve political issues during the court proceedings. He said that differences should be decided in the courts, otherwise there is a risk of increasing political tension. He called respect for the mandate of elected representatives important for the democratic system.
The federal government had decided to impose emergency and governor’s rule in Khyber Pakhtunkhwa on October 11. According to the government’s stance, the increasing incidents of terrorism in the province and concerns about the provincial government’s role in counter-terrorism operations formed the basis for this move. On the other hand, the PTI has challenged the decision politically and constitutionally.
This matter now raises important questions regarding federal powers under Articles 232 and 234 of the Constitution, the constitutional status of the provincial government, and the legal requirements for the imposition of emergency. The arguments of the parties and the government’s response on these points in court will be important for the further proceedings. At present, the final court decision on the objections of the petitioners has not been issued.
