Petitions seeking the recovery of K-P CM, speaker and PTI provincial president among those deleted from the cause list
A view of the Peshawar High Court. Photo: Express/file
PESHAWAR:
The Peshawar High Court (PHC) on Saturday removed all writ petitions challenging the imposition of emergency and governor’s rule in Khyber-Pakhtunkhwa (K-P), as well as arrests made under the Maintenance of Public Order (3-MPO) ordinances, from its cause list.
A day earlier, the Federal Constitutional Court (FCC) stripped PHC of jurisdiction over post-Oct 12 K-P cases, including cases related to emergency and governor’s rule. Before that, on November 5, it barred the PHC from hearing cases concerning arrests under the Maintenance of Public Order (MPO) Ordinance.
The directions came after the PHC granted bail to 23 Pakistan Tehreek-e-Insaf (PTI) workers arrested under Section 3 of the MPO Ordinance. The court also sought replies from the governor and the speaker against the governor’s rule in the province.
The petitions removed from the cause list include those seeking the recovery of K-P Chief Minister Sohail Afridi, Provincial Assembly Speaker Babar Saleem Swati and PTI provincial president Junaid Akbar.
Several high-profile petitions challenging the emergency and governor’s rule were pending before the PHC. These included pleas filed by PTI Chairman Barrister Gohar Ali Khan, National Assembly Opposition Leader Mahmood Khan Achakzai, the Khyber-Pakhtunkhwa Bar Council, National Democratic Movement Chairman Mohsin Dawar and Member of the National Assembly Shandana Gulzar.
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The PHC’s Administrative Committee issued a formal notification in compliance with the FCC’s orders, directing that no writ petitions filed on or after October 12 be fixed for hearing. It also ordered that petitions filed under Article 199 of the Constitution be returned to the petitioners.
The committee advised the petitioners to approach the appropriate forum for relief.
The latest development effectively halts judicial scrutiny of the extraordinary measures at the provincial high court level, leaving petitioners to seek relief before forums designated by the FCC.
K-P governor’s rule and emergency
On October 11, President Asif Ali Zardari approved Prime Minister Shehbaz Sharif’s advice to impose an emergency and governor’s rule in the province under Articles 232 and 234 of the Constitution, citing a deterioration in the security situation, an increase in terrorist attacks, and what it described as the provincial administration’s failure to cooperate effectively in counter-terrorism efforts.
Under the new arrangement, executive powers were transferred to Governor Faisal Karim Kundi, assisted by an advisory council, while emergency measures were imposed in 12 districts. The PTI rejected the federal government’s position and opposed the move.
The decision followed weeks of tensions between the Centre and the PTI-led provincial administration, alongside negotiations aimed at securing agreement on a joint strategy against terrorism.
The measures resulted in the removal of Chief Minister Sohail Afridi and his cabinet from office, with executive authority transferred to the governor.
The decision followed weeks of escalating confrontation over counterterrorism policy, the PTI’s planned long march to Islamabad and the province’s deteriorating security situation. The federal government had repeatedly warned that governor’s rule or an emergency could be imposed, accusing the provincial administration of failing to cooperate adequately with the Centre on counterterrorism.
