Barrister Gohar Ali Khan asks the Peshawar High Court to strike down the October 11 proclamation and restore Chief Minister Sohail Afridi and his cabinet.
PESHAWAR, PAKISTAN — WEB DESK: Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan has challenged the imposition of emergency and governor’s rule in Khyber Pakhtunkhwa before the Peshawar High Court (PHC), seeking to have the measures declared unconstitutional and the province’s elected government restored.
The petition was submitted on Wednesday through Advocate Shah Faisal Ilyas under Article 199 of the Constitution, which provides for the jurisdiction of high courts. It challenges the emergency proclamation issued on October 11 and seeks the reversal of subsequent measures taken by the federal government.
According to Dawn, the petitioner has argued that the proclamation lacks a lawful constitutional basis and should be set aside. The court has not yet been reported to have ruled on the petition.
PTI Challenges Constitutional Basis of Emergency
The petition asks the PHC to declare the October 11 proclamation unconstitutional, unlawful and without legal effect. It argues that the federal government bypassed a constitutional requirement concerning the role of the provincial assembly.
Gohar contends that the emergency provision invoked by the federal government required a prior resolution from the Khyber Pakhtunkhwa Assembly, and that no such resolution was moved or passed.
The petition also questions the government’s reliance on internal disturbances as justification for the measure. It alleges that the proclamation was politically motivated and lacked sufficient objective grounds.
These arguments represent PTI’s legal position. Their validity remains for the court to determine.
PTI Seeks Restoration of Sohail Afridi
The petition seeks the restoration of Chief Minister Sohail Afridi and his provincial cabinet, arguing that their removal violated constitutional protections and provincial autonomy.
It also challenges the formation of an 11-member technocratic KP Advisory Council headed by Governor Faisal Karim Kundi, which was established to assist in administering the province following the imposition of governor’s rule.
Gohar has asked the court to invalidate executive orders, notifications and other bodies established under the emergency proclamation.
The petition further seeks the disclosure of the official record and material used to justify the emergency, including the governor’s report and the federal cabinet’s summary.
Challenge to Deployment of Army and Administrative Measures
The legal challenge also covers the federal government’s October 11 order authorising the deployment of Pakistan Army troops and assets in aid of civil power in the province.
The petitioner argues that military deployment cannot replace the province’s civilian executive or constitutional administration. He has also questioned whether the deployment was lawfully requested.
The petition seeks the reversal of other administrative measures introduced following the proclamation, including the establishment of an Area Development Secretariat across 12 districts.
It further asks the court to prevent federal authorities from taking provincial legislative measures in Parliament without the constitutional basis required for doing so.
PTI Seeks Relief Over Detention of Provincial Leaders
The petition asks the PHC to direct authorities to produce Afridi before the court and secure his release, along with members of the provincial cabinet and assembly, from what the petitioner describes as unlawful detention.
The requests also include removing barriers and blockades around the Chief Minister’s Secretariat and KP Assembly Secretariat to allow elected representatives access to their offices.
Separately, PTI Secretary General Barrister Salman Akram Raja said the party would pursue legal action to establish Afridi’s whereabouts and determine where he was being held.
The party has said it intends to pursue constitutional and legal options alongside political engagement.
Federal Government Cites Security Concerns
The emergency and governor’s rule were imposed amid escalating tensions between the federal government and the PTI-led provincial administration.
The federal government has cited deteriorating law and order and alleged shortcomings in coordination with the provincial government over counterterrorism operations as reasons for the intervention.
PTI, however, has opposed the move, arguing that it undermines the province’s electoral mandate and constitutional autonomy.
The dispute follows a breakdown in talks between the federal government and the opposition, with counterterrorism policy among the central points of disagreement.
