PESHAWAR – The Peshawar High Court (PHC) has admitted petitions challenging the imposition of governor’s rule and an emergency in Khyber Pakhtunkhwa for hearing on October 20.
Barrister Gohar Khan and advocate Salman Khan have filed separate petitions against the imposition of governor’s rule and an emergency in the province. The petitions name the Federation of Pakistan, the president, the prime minister, the Khyber Pakhtunkhwa governor, the federal and provincial governments, and other relevant authorities as respondents.
The petitioners argue that taking action against an elected provincial government on the grounds of terrorism amounts to discriminatory treatment. They contend that governor’s rule was not imposed in Balochistan despite terrorist attacks and loss of life, while the threat of terrorism is being used to curtail the powers of the Pakistan Tehreek-e-Insaf (PTI)-led government in Khyber Pakhtunkhwa.
They further argue that governor’s rule was not imposed in the province despite terrorism between 2007 and 2015. The petitions maintain that the PTI supports counterterrorism operations and efforts to restore peace, while allegations of inadequate action against terrorism are being used to increase political pressure on the provincial government.
According to the petitioners, the federal government has no authority to strip an elected provincial government of its powers on the basis of political differences.
The petitions also state that the PTI secured a two-thirds majority in Khyber Pakhtunkhwa in the 2024 general elections, arguing that any imposition of governor’s rule must strictly comply with the constitutional requirements and procedure laid down in Article 234.
Similarly, the imposition of an emergency must be examined in light of Article 232 of the Constitution and the relevant parliamentary requirements, they contend.
The petitioners allege that the failure of negotiations is being used as a pretext to target the PTI. They also maintain that no unlawful action was planned during the long march and question the justification for treating constitutional and democratic protests as a threat to law and order to suspend an elected government.
The petitions describe the imposition of an emergency and governor’s rule in Khyber Pakhtunkhwa as unconstitutional, illegal and driven by mala fide intentions. They argue that such measures violate fundamental rights and undermine the democratic mandate of the people.
The petitioners have asked the high court to declare the imposition of governor’s rule and an emergency unlawful and set aside the relevant measures. They have also requested the suspension of the notification imposing governor’s rule until a final decision is reached on the petitions.
The Peshawar High Court has admitted the petitions for hearing on October 20.