PHC takes up challenge to emergency today

The provincial high court of Khyber-Pakhtukhwa (K-P) is scheduled to take up today (Tuesday) the petitions filed against imposition of emergency and governor's rule in K-P.

A division bench of the Peshawar High Court (PHC) comprising Justice Ijaz Anwar and Justice Muhammad Faheem Wali will hear the petitions filed by PTI Chairman Gohar Ali Khan and National Democratic Movement (NDM) leaders including Mohsin Dawar.

On Monday, Gohar submitted an application seeking to amend his earlier petition challenging the federal government's October 11 decision to impose emergency and governor's rule in the province amid a PTI protest march.

Through an application filed by Shah Faisal Ilyas, the PTI chief sought permission to amend his pending constitutional petition to incorporate a challenge to resolutions passed by the National Assembly and Senate on October 14 and by a joint sitting of parliament on October 15 to endorse the emergency.

The application argued that the presidential action under Article 234 of the Constitution is unconstitutional and unlawful, contending that the subsequent parliamentary endorsements cannot validate a measure taken without fulfilling the constitutional requirements.

According to the petitioner, Article 232 requires a resolution from the relevant provincial assembly for the imposition of an emergency on the grounds of internal disturbance. However, the K-P Assembly has not passed any such resolution, the application states.

The petitioner maintained that parliament's subsequent approval cannot remedy the alleged failure to meet the initial constitutional requirement. He requested the court to declare the parliamentary resolutions and the notification concerning the emergency null and void.

Gohar also sought suspension of the notification until the final disposal of the case and requested that the relevant authorities be restrained from taking further action under it.