PHC seeks replies from governor, speaker against governor’s rule

PTI challenges emergency, governor’s rule in K-P; court orders release of 23 more PTI workers arrested under MPO

PESHAWER:

The Khyber-Pakhtunkhwa Advocate General’s Office has issued notices to the governor and other relevant authorities, including the provincial assembly speaker, seeking detailed replies and comments on separate writ petitions challenging the imposition of governor’s rule and emergency in parts of the province.

The petitions, filed in the Peshawar High Court by Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan and others, contend that the imposition of emergency in certain districts and governor’s rule in others is unconstitutional and illegal.

The petitioners argued that the situation in K-P was not beyond the control of the provincial government to warrant such extraordinary measures. They maintained that the federal government had exceeded its constitutional authority by imposing emergency and governor’s rule, effectively depriving an elected provincial government and its representatives of their powers.

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The petitions further stated that governor’s rule could only be imposed in exceptional circumstances when the situation in a province deteriorated beyond control, with the provincial government itself expected to recommend such action.

They also challenged the invocation of Article 245 to call in the armed forces, arguing that the deployment of troops in aid of civil administration fell within the provincial government’s domain. The petitioners alleged that several constitutional requirements had been disregarded while taking these decisions.

Meanwhile, the Advocate General’s Office has directed the governor, chief secretary, provincial assembly speaker and secretary of the Home and Tribal Affairs Department to submit their respective reports and comments before the court through officers of Grade 17 or above by November 7.

However, questions have been raised over how the provincial assembly speaker would submit his response, as the provincial government maintains that he is currently in protective custody. The Advocate General’s Office has also been informed of the situation.

The high court will take up the petitions for further hearing on November 10.

PHC orders release of 23 more PTI workers

In another case, the high court has granted interim relief to 23 more PTI workers arrested under Section 3 of the Maintenance of Public Order (MPO) Ordinance, ordering their release on bail.

A bench comprising Justice Sahibzada Asadullah and Justice Inamullah heard writ petitions challenging the detention of 23 individuals, including Akbar Sher, Shehzad, Razaullah, Saqib, Ehsanullah and Momin Khan.

The petitioners were represented by lawyers Yasir Khattak and Azhar Rahim Khan, while K-P Advocate General Sanaullah and the relevant officials also appeared before the court.

According to the court order, the deputy commissioner of Mardan had been issued a notice at the previous hearing, directing him to explain the reasons and circumstances under which the petitioners were detained and sent to jail.

Also Read: PM criticises PTI's 13-year rule in K-P, urges PML-N leadership to prioritise public welfare projects

However, the concerned authorities have yet to submit their report despite the court’s directions.

The bench observed that, in the absence of the required report, it had no option but to examine the available record and provide relief to the petitioners. It noted that similar relief had previously been granted in cases involving comparable circumstances.

Consequently, the court ordered the release of each petitioner against two surety bonds worth Rs100,000.

The bench clarified that the petitions would continue to be heard on merit and that the interim relief did not amount to a final decision on the legality of the detentions.

The deputy commissioner of Mardan was once again directed to submit the relevant report and record before the court.

The hearing was adjourned until November 12.