PHC issues notices in plea against emergency, governor’s rule in KP

The Peshawar High Court (PHC) has issued notices to the federal government, the attorney general, police and other relevant authorities on petitions challenging the imposition of governor’s rule and an emergency in Khyber Pakhtunkhwa, as well as a plea seeking the recovery of non-functional chief minister Sohail Afridi, Aaj News reported on Tuesday.

The court sought a formal response from the authorities within two days regarding Afridi’s alleged detention. Further hearing of the petition challenging the emergency and governor’s rule was adjourned until November 10.

During the hearing on Afridi’s recovery plea, Justice Syed Arshad Ali asked about his whereabouts. The petitioner’s counsel told the court that Afridi had been detained following the imposition of governor’s rule and the emergency, adding that reports suggested he was being held at the “Shahi Mehman Khana” at one of two possible locations.

After hearing the arguments, the court directed the relevant authorities to submit their replies within two days.

Separately, a bench comprising Justice Ijaz Anwar and Justice Faheem Wali heard the main petition filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan.

The petition seeks to have the presidential proclamation issued on October 11, the imposition of the emergency and governor’s rule, and orders for the deployment of the armed forces declared unconstitutional and set aside.

The petitioner’s counsel argued that the Constitution required a resolution from the provincial assembly for the imposition of an emergency. He also contended that governor’s rule had been imposed across the province despite improvements in the law and order situation in Peshawar, Nowshera and Mardan.

Speaking to the media after the proceedings, Barrister Gohar alleged that the elected provincial government had been removed under the pretext of terrorism. He claimed that 12 PTI members of the National Assembly and 14 members of the provincial assembly had been detained.

He demanded the immediate release of Afridi and the other detained lawmakers.

Meanwhile, Salman Akram Raja and Mahmood Khan Achakzai also described governor’s rule as an attack on provincial autonomy and vowed to continue peaceful resistance within the bounds of the Constitution and law.