Nine days after governor's rule was imposed in Khyber-Pakhtunkhwa, the dispute is now formally before the courts. The Peshawar High Court on Tuesday issued notices to the federal government, the attorney general, the advocate general and other authorities on petitions challenging the emergency and governor's rule in the province, The Express Tribune reported.
A division bench of Justice Ijaz Anwar and Justice Muhammad Faheem Wali heard petitions filed by PTI Chairman Barrister Gohar Ali Khan and leaders of the National Democratic Movement (NDM), including Mohsin Dawar. The hearing was adjourned until November 10.
'The provincial government had not lost control'
Counsel for the petitioners, Barrister Sameer Khosa, argued that nothing showed the provincial government was unable to run the province. He said the sidelined chief minister, Sohail Afridi, and Speaker Babar Saleem Swati were missing and their whereabouts unknown.
When Justice Anwar asked whether the petition sought their production or recovery, Khosa said it did. Citing the Supreme Court's judgment in the Pir Sabir Shah case, he argued that a chief minister and cabinet continue to function even under an emergency, whereas in this case they had been stopped from doing their jobs.
Where is the assembly resolution?
PTI Secretary General Salman Akram Raja argued that both measures had been imposed without meeting legal requirements. He said Afridi remained chief minister, that an emergency required a resolution from the provincial assembly, and that governor's rule could only be justified if the provincial government could not function.
Another counsel, Muazzam Butt, said that if rising terrorism was the justification, an Apex Committee already existed with provincial, federal, gubernatorial and security representatives. He also asked where the governor's report was, after the president reportedly said governor's rule had been imposed on the basis of it.
The petitioners also sought interim relief. The court said it would examine the request and pass an order.
Gohar alleges lawmakers picked up
Speaking outside the court, Gohar called both measures undemocratic and unconstitutional. "We had our own government, and our mandate was snatched away," he said. He alleged that 12 PTI members of the National Assembly and 14 members of the provincial assembly had been picked up and that party members' homes were being raided. The government's response to these allegations was not included in the report.
The federal government imposed emergency and governor's rule in K-P on October 11. The National Assembly, the Senate and a joint sitting of parliament endorsed the emergency through resolutions on October 14 and 15, and Gohar has sought to amend his petition to challenge those resolutions too.
Separate petitions seek the recovery of Afridi, Swati and PTI provincial president Junaid Akbar. The court gave authorities two days to reply in the chief minister's case and 10 days in the other two.