PESHAWAR: A bench of the Peshawar High Court (PHC) on Tuesday served notices to the federal government, Attorney General and Advocate General over petitions against imposition of the Governor’s Rule and Emergency in Khyber Pakhtunkhwa.
A high court bench comprises of Justice Ijaz Anwar and Justice Muhammad Faheem Wali heard the case.
Petitioners’ lawyer Barrister Sameer Khosa argued that the constitutional requirements were not fulfilled in proclamation of the emergency and the governor’s rule in the province.
Lawyer argued that the provincial legislature, chief minister and the cabinet of ministers was present and the provincial affairs were being run according to the normal routine.
He pleaded to the court to declare the Governor’s Rule and Emergency in Khyber Pakhtunkhwa as unlawful and reinstate the provincial assembly.
Tehreek Tahafuz-e-Aaeen-i-Pakistan (TTAP), an alliance of six opposition parties, on Friday approached the Peshawar High Court (PHC), challenging the imposition of Governor’s Rule and an emergency in Khyber Pakhtunkhwa (KP), as well as the suspension of the provincial government.
The petition seeks to have the measures declared unconstitutional and set aside. The alliance has also requested the court to schedule an early hearing.
The petition contends that imposing Governor’s Rule and an emergency despite the presence of an elected provincial government violates the Constitution.
It argues that the measures contravene Articles 1, 2A, 4, 9, 10, 10A, 14, 15, 16, 17, 19, 19A, 25, 130, 175(3), 232, 234 and 245 of the Constitution, and urges the court to declare the action null and void.
President Asif Ali Zardari on the advice of Prime Minister Shehbaz Sharif signed the summary for the imposition of an emergency and Governor’s Rule in Khyber Pakhtunkhwa under Articles 232 and 234 of the Constitution to maintain law and order.
The presidential proclamation has cited an extraordinary surge in terrorist incidents and serious security threats as grounds for taking emergency constitutional measures in Khyber Pakhtunkhwa.
According to the proclamation, terrorist attacks on government installations and law enforcement agencies have increased, posing serious risks to security and public order.
The declaration states that the provincial government has failed to take adequate measures to address terrorism and lawlessness.