K-P emergency, governor's rule challenged in Peshawar High Court

Petitioner asks court to declare the imposition of emergency measures and governor’s rule null and void

PESHAWAR:

A petition challenging the imposition of emergency measures and governor’s rule in Khyber-Pakhtunkhwa (K-P) was filed in the Peshawar High Court on Monday, a day after President Asif Ali Zardari approved the federal government’s decision on the advice of Prime Minister Shehbaz Sharif.

The petition was filed by Advocate Salman; the petition named President Zardari, PM Shehbaz and K-P Governor Faisal Karim Kundi as respondents. It argued that the measures were unconstitutional, illegal and mala fide, and violated fundamental rights, provincial autonomy and the democratic mandate.

The petitioner asked the court to declare the imposition of emergency measures and governor’s rule null and void, and sought suspension of the notification imposing governor’s rule until a final decision on the case.

The legal challenge came after the Pakistan Tehreek-e-Insaf’s long march, led by former chief minister Sohail Afridi, reached its first week on Sunday amid mounting tensions with the federal government. Islamabad imposed emergency measures and governor’s rule in the province, citing the deteriorating security situation and the need to address terrorism.

The move was followed by a reported crackdown on PTI workers and leaders, with Afridi and several prominent party figures reported to have been arrested.

Read: PTI may challenge emergency in court

The federal intervention effectively transferred executive authority from the provincial government to Governor Kundi, while an emergency was declared in 12 districts. The PTI rejected the move, describing it as an attack on the province’s autonomy and the party’s electoral mandate.

The latest imposition marked the fourth spell of governor’s rule in the province. The first occurred in 1975 under the government of then-prime minister Zulfikar Ali Bhutto. The province subsequently experienced two further periods of governor’s rule, in 1994 and 1999, amid separate political and constitutional crises.

Under Article 234 of the Constitution, the president can assume or direct the governor to assume some or all functions of a provincial government when the province cannot be governed in accordance with the Constitution. The arrangement can also allow Parliament to exercise the powers of the provincial assembly, subject to constitutional requirements and time limits.

The emergency was separately proclaimed under Article 232, which concerns emergencies arising from war or internal disturbance. The federal government said the measures were necessary in view of terrorism and security threats in the province. The two measures together shifted the province’s executive administration to the governor and a federal-backed arrangement, while leaving the legal and political validity of the decision open to challenge before the courts.