The opposition alliance Tehreek Tahafuz Ayeen-i-Pakistan (TTAP) filed a petition in the Peshawar High Court on Friday, October 16, asking it to declare the emergency and governor’s rule in Khyber Pakhtunkhwa unconstitutional and restore the elected provincial government. It is the third petition against the measures, which the federal government imposed on October 11. A TTAP delegation led by National Assembly Opposition Leader Mehmood Khan Achakzai and Senate Opposition Leader Allama Raja Nasir Abbas filed it.
What the petitioners argue
The petition makes three main arguments. It says the 18th Amendment requires a prior provincial assembly resolution before an emergency can be declared on grounds of internal disturbance, and that the federal government bypassed this. It argues that Article 234 does not let the president remove an elected chief minister outside the constitutional process, including the vote-of-confidence route in Article 130. It also alleges political victimization, noting that no comparable measure was taken in Balochistan despite its own security problems.
TTAP wants the court to strike down both measures and restore Chief Minister Sohail Afridi, whom Nukta describes as detained, and his cabinet. It also seeks a declaration that the KP Advisory Council and the Area Development Secretariat are invalid.
Two earlier petitions, one likely hearing
PTI chairman Barrister Gohar Ali Khan filed the first petition on Wednesday, October 14, through Advocate Ali Zaman. Nukta reports it is scheduled for hearing on October 20. A private lawyer filed the second, and the court is expected to combine all three for a joint hearing.
What the federal government cited
The federal cabinet cited the provincial government’s disengagement from the fight against terrorism and a worsening law-and-order situation. An 11-member technocratic KP Advisory Council was formed to assist Governor Faisal Karim Kundi, and the Army was authorised to deploy in aid of civil power. A joint sitting of Parliament has since approved the emergency under Article 232 and governor’s rule under Article 234, after President Asif Ali Zardari acted on the prime minister’s advice.
The emergency came about a week after supporters of jailed PTI founder Imran Khan began a march through the province on October 4, seeking his release and medical treatment.
What changes until the court rules
Governor Kundi now handles provincial affairs. The aid announced for the Peshawar school collapse, for example, came from him rather than from a provincial cabinet. The three petitions are arguments, not findings, and the court has not yet ruled on any of them.
