PESHAWAR (Web Desk) Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan has challenged the imposition of emergency in Khyber Pakhtunkhwa before the Peshawar High Court, seeking judicial intervention against the measures introduced under the proclamation.
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According to a report published by a national English-language newspaper, the petition was submitted through Advocate Shah Faisal Ilyas under Article 199 of the Constitution, which deals with the jurisdiction of high courts.
The petitioner has asked the court to declare the October 11 emergency proclamation unconstitutional and set it aside. The challenge also covers the deployment of the armed forces in the province and subsequent executive and administrative measures.
The federal government, the Khyber Pakhtunkhwa government, Governor Faisal Karim Kundi, the provincial assembly speaker and relevant government officials have been named as respondents. Former chief minister Sohail Afridi has also been included as a proforma respondent.
Seeks restoration of Sohail Afridi
According to the report, the petition challenges the provision under which the provincial chief minister and ministers were directed to cease holding office.
Barrister Gohar has requested the restoration of Afridi as chief minister, along with his provincial cabinet, arguing that the measures interfere with the constitutional framework governing the province.
The petition also questions the transfer of legislative powers of the Khyber Pakhtunkhwa Assembly to Parliament. The petitioner argues that the relevant constitutional requirements, including the provincial assembly resolution referred to in Article 232(1), were not fulfilled.
He has asked the court to restrain the federal government from proceeding with provincial legislative business relating to KP in Parliament.
Challenges new administrative arrangements
The petition also contests the formation of an 11-member Khyber Pakhtunkhwa Advisory Council headed by Governor Kundi and the establishment of an Area Development Secretariat across 12 designated districts.
The petitioner has sought the suspension or annulment of related notifications and executive decisions, including measures concerning the provincial advocate general and the appointment of a replacement.
The challenge further extends to the deployment of the armed forces under Article 245. According to the petition, military deployment should not replace the province’s civilian executive or bypass the constitutional administration.
These positions represent the petitioner’s legal arguments and are not findings by the court.
Requests disclosure of supporting material
Barrister Gohar has also sought the production of documents used to justify the emergency proclamation and subsequent measures. These reportedly include the governor’s report and the summary placed before the federal cabinet.
The petition seeks the release of Afridi and detained members of the provincial assembly and cabinet, alleging that their detention is unlawful.
Other requested relief includes removing barricades around the chief minister’s secretariat and provincial assembly, ensuring access for elected representatives, and preventing interference with the functioning of provincial constitutional offices.
The petitioner has additionally asked the court to suspend the notification establishing the Area Development Secretariat and restrict its officials from exercising parallel administrative or law enforcement powers in the designated districts.
The relief sought includes interim and final orders concerning the emergency proclamation, military deployment, legislative authority and provincial administration.
The court’s determination of these requests will establish the legal position on the issues raised in the petition.
