The Peshawar High Court (PHC) on Tuesday issued notices to the federal government, attorney general, advocate general and other relevant authorities on petitions challenging the imposition of governor’s rule and emergency in Khyber-Pakhtunkhwa.
A two-member bench comprising Justice Ijaz Anwar and Justice Muhammad Faheem Wali heard petitions filed by Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan and National Democratic Movement (NDM) leaders, including Mohsin Dawar.
The petitioners argued that the measures were unconstitutional, violated provincial autonomy and had been introduced without meeting the legal requirements.
Appearing before the court, Barrister Sameer Khosa maintained that there was no evidence suggesting the provincial government had lost control of Khyber-Pakhtunkhwa or was incapable of administering the province.
He also informed the bench that Chief Minister Sohail Afridi and Provincial Assembly Speaker Babar Saleem Swati were missing, with their whereabouts unknown.
Justice Anwar asked whether the petitioners had requested the court to order their production or recovery.
“Yes, we have made that request in the petition,” Khosa responded.
Referring to the Supreme Court’s judgment in the Pir Sabir Shah case, Khosa argued that the imposition of emergency did not automatically prevent a chief minister and provincial cabinet from continuing their constitutional responsibilities.
He alleged that, in the present circumstances, the chief minister, cabinet and other provincial officials had effectively been prevented from carrying out their duties.
Khosa requested the court to restore the provincial assembly and ensure the recovery and release of Afridi and Swati.
PTI Secretary General Salman Akram Raja, also representing the petitioners, argued that the constitutional conditions required for imposing governor’s rule and emergency had not been satisfied.
He urged the court to declare both measures unlawful and order the restoration of the provincial assembly.
Following the arguments, the high court issued notices to the concerned authorities, seeking their responses to the constitutional challenges.
The court has not yet ruled on the legality of the measures.