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

PESHAWAR:

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 Khyber-Pakhtunkhwa 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.

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.