PESHAWAR: The Peshawar High Court (PHC) on Tuesday issued notices to the federal and provincial governments in several petitions challenging the imposition of emergency and governor rule in Khyber Pakhtunkhwa.
A two-member bench, consisting of Justices Ijaz Anwar and Muhammad Faheem Wali, after hearing preliminary arguments, adjourned the hearing till November 10.
The bench took up several petitions on Tuesday, including a plea filed by PTI Chairman Barrister Gohar Ali. PTI leader Shandana Gulzar, KP Bar Council and leaders of the Tehreek-i-Tahafuz-Ayin-i-Pakistan (TTAP) have also filed petitions.
The court said an order would be released afterwards, adding that notices would also be issued to the attorney general for Pakistan and the KP advocate general.
On Tuesday, Barrister Sameer Khosa and Salman Akram Raja advanced arguments for the petitioner Barrister Gohar.
Barrister Sameer said that the petition challenged the imposition of governor’s rule and the state of emergency in KP, arguing that a resolution passed by the provincial assembly was mandatory for such a move.
“No approval was obtained from the provincial assembly,” he told the court.
He added that the National Assembly and Senate approved the action later. “We have also challenged this in the miscellaneous application,” he added.
“Proviso to Article 232(1) states that approval from the provincial assembly is necessary; the word ‘shall’ is used, which means that this condition is mandatory”, stated the petitioner’s lawyer.
He further stressed that the measures were taken without the approval of the provincial assembly, which he said was illegal.
The counsel contended that no conditions were beyond the control of the provincial government.
Sameer further argued that, at present, the non-functional chief minister Sohail Afridi and the speaker of the Provincial Assembly “remained missing”.
At this, the bench asked whether the petition included a request for them to be presented or recovered.
“Yes, we have made that request in this application,” replied the counsel.
He referred to a Supreme Court judgment in the former Chief Minister Pir Sabir Shah case, stating that the SC established principles in the case that when an emergency was imposed, the chief minister and the cabinet would continue to function.
“In the current case, the chief minister, the cabinet, and the advocate general have been stopped from working and rendered inactive,” Sameer said.
“Our plea is that the assembly be restored, and the chief minister and speaker be released,” he added.
Raja also argued that governor’s rule and emergency were declared without “fulfilling legal requirements,” asking for them to be revoked and the provincial assembly restored.
The petitioner, Barrister Gohar, also addressed the bench and held that the PTI-led government in KP had always supported the Centre in the war against terrorism.
He went on to claim that 12 MNAs and 14 MPAs affiliated with the PTI had been “picked up”.
“Raids are being conducted on houses of our members; they are being harassed,” he added.
“We say that Pakistan comes first, we say that we are one, this country is ours,” Gohar said.
Gohar further contended that on October 11, deputy commissioners and district police officers were changed and officers positioned at the advocate general office were also replaced.
Appearing on behalf of Gulzar, advocate Muazzam Butt contended that the provincial assembly’s approval was not taken before the imposition of governor’s rule and emergency.
He contended that under the National Action Plan (NAP), an Apex Committee had been formed, arguing that it was the apex committee’s function to assess the state of terrorism in the province.
He further argued that responsibility for terrorism couldn’t be pinned on the provincial government, given the existence of an apex committee.
Representing the KP Bar Council, advocate Babar Khan Yousafzai appeared before the court and adopted arguments advanced in Barrister Gohar’s case.
Another petitioner, advocate Qaiser Shah, supported the imposition of emergency, but opposed the proclamation to the extent of governor’s rule.