PHC seeks govt's reply on K-P emergency
The Peshawar High Court (PHC) on Tuesday issued notices to the federal government, the attorney general, the advocate general and other relevant authorities on petitions challenging the imposition of governor's rule and emergency in Khyber-Pakhtunkhwa (K-P), after petitioners' counsel argued that the measures were unconstitutional and had been imposed without fulfilling the legal requirements.
A division bench comprising Justice Ijaz Anwar and Justice Muhammad Faheem Wali heard the petitions filed by PTI Chairman Barrister Gohar Ali Khan and National Democratic Movement (NDM) leaders, including Mohsin Dawar.
During the hearing, the petitioners' counsel argued that the provincial government had not lost control of the province and that the imposition of emergency and governor's rule amounted to an attack on provincial autonomy and democracy.
Barrister Sameer Khosa, representing the petitioners, argued that no circumstances indicated the provincial government was unable to maintain control of the province. He said non-functional K-P chief minister Sohail Afridi and provincial assembly speaker Babar Saleem Swati were missing and their whereabouts were unknown.
Justice Anwar asked whether the petition sought their production before the court or their recovery. "Yes, we have made that request in the petition," Khosa replied.
Citing the Supreme Court's judgment in the Pir Sabir Shah case, Khosa argued that even if an emergency was imposed, the chief minister and cabinet would continue to function. In the present case, however, the chief minister, cabinet and advocate had been prevented from performing their duties and rendered inactive, he said.
Khosa urged the court to restore the provincial assembly and secure the release of Afridi and Swati.
Petitioners' counsel PTI Secretary General Salman Akram Raja argued that governor's rule and emergency had been imposed without fulfilling the legal requirements, urging the court to declare the measures illegal and restore the provincial assembly.
Raja maintained that Afridi remained the chief minister and that the provincial cabinet was still in place. He said that imposing an emergency required a resolution to be passed by the provincial assembly, adding that governor's rule could only be justified if the provincial government was unable to function.
Raja also alleged that the sanctity of homes and the privacy of their occupants were being violated in the province.
Another petitioner's counsel, Advocate Muazzam Butt, challenged the legality of both measures, arguing that the constitutional provisions invoked to impose emergency and governor's rule had not been followed. He said provincial assembly approval had not been obtained for the imposition of emergency.
"If they claim that terrorism has increased, there is an Apex Committee for that," Butt said, adding that the committee included representatives of the provincial and federal governments.
After hearing the petitioners, Justice Anwar said the court was issuing notices to the federal government, the attorney general, the advocate general and other relevant parties.
Raja then requested the court to also issue an order on the interim relief sought by the petitioners. "We will examine it and pass an order," the court said.
The hearing was adjourned until November 10.