KP Governor’s rule case: Gohar urges FCC to implead him as party
ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan has requested the Federal Constitutional Court to implead him as a party in a case concerning the imposition of Governor’s Rule/state of emergency in Khyber Pakhtunkhwa.
A two-member bench, headed by Chief Justice Amin-ud-Din Khan, on November 5, issued notices to the respondents, which included the federal government and the KP Chief Secretary and Home Secretary, in the appeals of the KP government against the Peshawar High Court.
On Thursday, Gohar filed an application before the FCC and submitted that he has challenged the imposition of Governor’s Rule/Emergency under Articles 232 and 234 of the Constitution in Khyber Pakhtunkhwa vide Proclamation order dated 11-10-26 in the Peshawar High Court.
PTI MNA Shandana Gulzar Khan also filed a petition under Article 175(3) of the 1973 Constitution seeking enforcement of fundamental rights and constitutional protection against the alleged unlawful arrest, detention, confinement and concealment of the whereabouts of the elected Chief Minister of Khyber Pakhtunkhwa Sohail Afridi, Speaker of the KP Assembly Babar Saleem Swati, Member of the National Assembly and President PTI KP Junaid Akbar Khan and political workers.
The petition cited the federation through Secretaries, Ministries of Defence and Interior, Chief Secretary and Secretary, Home and Tribal Affairs Department as respondents.
The FCC was asked to declare the arrest, detention, confinement and restrictions of movement of Sohail Afridi, Babar Saleem Swati, and Junaid Akbar Khan as without lawful authority and in disregard of the constitutional and statutory safeguards, unconstitutional, illegal, without lawful authority and of no legal effect.
She further prayed to direct the respondents to immediately disclose before this Court their precise whereabouts, the identity of the authority exercising custody, the legal instrument and statutory provisions invoked, the grounds of detention and the date andcircumstances of their taking into custody.
She sought the FCC direction to the respondents to produce Sohail Afridi, Babar Saleem Swati and Junaid Akbar Khan before the FCC, in person or through such secure and appropriate means as the Court may direct, so that their presentcondition, liberty and legal status may be independently ascertained and the legality of any restraint upon their liberty may be judicially examined.
She said that the Court should direct immediate release and restoration of liberty, subject toany lawful order passed by a competent Court in accordancewith the Constitution and law.
The petitioner said that Articles 232, 234 and 245 of the Constitution do not, by themselves, confer any independent or unrestrictedauthority to arrest, detain, confine or conceal the whereabouts of any person in disregard of the Constitution and applicablelaw, and that every such exercise of State power remains subject to constitutional safeguards and judicial review:
According to the petitioner, the exercise of executive authority during any constitutional arrangement under Article 234, or in the context of deployment under Article 245, cannot lawfully be used to circumvent the fundamental rights guaranteed under Articles 4,9, 10, 14, 17, 19 and 19-A of the Constitution.
Direct the respondents to ensure that the aforesaid persons are afforded access to their legal representatives and family members, necessary medical examination and treatment, and protection against torture, coercion, intimidation or any form of cruel, inhuman or degrading treatment;
Declare that any action undertaken by the respondents, if found to be motivated by political considerations or intended tofrustrate the exercise of constitutional and democratic rights, is an abuse of public authority and violative of the fundamental rights guaranteed under the Constitution.
Copyright Business Recorder, 2026