Peshawar, 16 October (H.S.): Pakistan Tehreek-e-Insaf (PTI) has challenged the imposition of an emergency and governor’s rule in Khyber Pakhtunkhwa before the Peshawar High Court. The court has agreed to hear the party’s petition on October 20. PTI chairman Barrister Gohar Khan and lawyer Salman Khan have filed two petitions challenging the federal government’s decision to impose an emergency and governor’s rule in the province.

According to a report by The News, Gohar Khan and Salman Khan have named the Federation of Pakistan, the President, the Prime Minister, the Governor of Khyber Pakhtunkhwa and other relevant officials as respondents in their petition. Meanwhile, the Tehreek Tahafuz-e-Ain Pakistan (TTAP) has also filed a separate petition challenging the federal government’s move to impose governor’s rule and an emergency in the province. The petition has been jointly filed by Allama Raja Nasir Abbas, head of the Shia Islamic political and religious organisation Majlis Wahdat-e-Muslimeen (MWM), opposition leader Mahmood Khan Achakzai and other leaders.

An emergency was imposed in the province on October 11 after President Asif Ali Zardari approved the measure on the advice of Prime Minister Shehbaz Sharif under Articles 232 and 234 of the Constitution. The federal government cited the deteriorating security situation in the province and concerns over counterterrorism efforts as the reasons for its decision. Ousted prime minister Imran Khan is the founder of PTI. Before the federal government’s move, PTI was in power in the province.

Under the federal government’s oversight, Governor Faisal Karim Kundi has taken charge of the province’s administration, assisted by an 11-member ‘Technocratic KP Advisory Council’. A day earlier, Parliament approved the imposition of an emergency and governor’s rule in Khyber Pakhtunkhwa during a joint sitting. Following the decision, the opposition alliance TTAP announced that it was ending talks with the federal government.

The resolutions moved by Parliamentary Affairs Minister Tariq Fazal Chaudhry were passed at the joint sitting of Parliament. They sought approval of the presidential proclamation issued on October 11 under Articles 232 and 234 of the Constitution. The resolutions were adopted following a heated debate between government and opposition members.

In its petition, PTI has urged the Peshawar High Court to declare the emergency and governor’s rule unconstitutional and set them aside. The petition was filed through lawyer Ali Zaman. PTI has argued that restricting the powers of an elected provincial government on the grounds of terrorism amounts to discriminatory treatment. The party maintains that the federal government cannot strip the provincial administration of its powers on the basis of political differences.

The petition cites Balochistan as an example, arguing that governor’s rule was not imposed there despite terrorism and loss of life and property. It also refers to Khyber Pakhtunkhwa’s experience between 2007 and 2015. PTI has cited these examples to argue that the measures taken against the current provincial government are discriminatory.

The party has stated that it supports counterterrorism operations and efforts to restore peace in the province. However, it has alleged that accusations of inadequate action against terrorism are being used to intensify political pressure on the provincial government.

PTI has also claimed that it secured a two-thirds majority in Khyber Pakhtunkhwa in the 2024 elections. The petition argues that the constitutional requirements and procedures prescribed under Article 234 for imposing governor’s rule were not fulfilled. The party further stated that it had no plans to undertake any unlawful actions during its ‘long march’ to Islamabad.

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Hindusthan Samachar / Jun Sarkar