PTI moves PHC against emergency
PTI Chairman Barrister Gohar Ali Khan has approached the Peshawar High Court (PHC), challenging the imposition of emergency and governor's rule in Khyber-Pakhtunkhwa and seeking the annulment of the presidential proclamation issued on October 11.
National Democratic Movement (NDM) leaders Mohsin Dawar and Bushra Gohar have also separately filed similar petition in the court.
In his petition, filed through Advocate Ali Zaman, Gohar has termed the measures unconstitutional and discriminatory, arguing that terrorism cannot be used as a pretext to curtail the powers of an elected provincial government.
The federal government, K-P government, chief minister Sohail Afridi, provincial assembly speaker and other relevant authorities have been named as respondents.
The PTI chairman contended that terrorism had affected different parts of the country in the past without elected provincial governments being removed on that basis.
He cited the security situation in Balochistan, where terrorist attacks and casualties had been continually reported, arguing that governor's rule had not been imposed there despite the serious law and order challenges.
The petition also referred to the period between 2007 and 2015, when K-P and the former tribal areas experienced a severe wave of militancy, resulting in substantial casualties among civilians and security personnel.
The petitioner argued that the elected provincial government had not been removed through governor's rule during that period and urged the court to examine the constitutional justification and alleged motives behind the current measures.
Gohar maintained that the PTI opposed terrorism and supported action against militant elements and efforts to restore peace.
He rejected allegations that the party's provincial government had failed to take effective action against terrorism or had shown leniency towards militants, claiming such accusations were being used to exert political pressure and weaken the mandate PTI secured in the 2024 general elections.
The petition argued that the party had won a two-thirds majority in the province and that the federal government could not curtail the powers of an elected government because of political differences.
It also questioned the use of the failure of negotiations as a justification for action against PTI, maintaining that the party had not planned any unlawful activity during its long march and that peaceful political protest could not, by itself, justify suspending an elected government.
Invoking Articles 232 and 234 of the Constitution, the petition asked the court to examine whether the requirements for imposing an emergency and invoking governor's rule had been met.
Article 232 deals with emergency powers in specified circumstances, while Article 234 provides a mechanism for a presidential proclamation where a provincial government cannot be carried on in accordance with the Constitution.
Separately, NDM President Mohsin Dawar and Bushra Gohar filed a constitutional petition through Advocate Yousaf Orakzai, challenging the October 11 presidential proclamation as unlawful, unconstitutional and beyond the president's authority.
The president, Federation of Pakistan, K-P governor, Senate, National Assembly, Ministry of Interior and Ministry of Defence have been named as respondents.
The NDM petition states that the proclamation, issued under Articles 232 and 234, transferred the powers of the provincial government to the governor and shifted the provincial assembly's powers to parliament.
It further claims that the chief minister, provincial ministers, advisers and advocate general were removed from their offices as a result.
The petitioners alleged that the proclamation was mala fide and based on an allegedly fabricated report from the governor, arguing that the provincial government had not sent a report concerning the security situation. They maintained that the constitutional procedure for imposing an emergency under Article 232 had not been followed.
The NDM leaders have asked the high court to declare the proclamation unlawful and set it aside. They have also sought interim relief suspending its implementation until the petition is finally decided.