Governor's rule in KP: Peshawar High Court seeks government's reply, next hearing November 10

The legal fight over governor’s rule in Khyber Pakhtunkhwa has begun. On Tuesday, October 20, the Peshawar High Court (PHC) issued notices to the federal and provincial governments and adjourned the case to November 10.

What happened in court

A two-judge bench of Justice Ijaz Anwar and Justice Muhammad Faheem Wali heard several petitions challenging the emergency and governor’s rule, filed by:

• PTI chairman Barrister Gohar Ali Khan
• PTI leader Shandana Gulzar
• the KP Bar Council
• representatives of Tehreek-i-Tahafuz-Ayin-i-Pakistan (TTAP)

Notices went to the federal and KP governments, the Attorney General for Pakistan and the KP Advocate General, Daily Pakistan reported.

The background

The federal government imposed the emergency and governor’s rule in KP on October 11. It cited rising terrorism and what it called the provincial government’s lack of support for counter-terrorism operations. Since then, Governor Faisal Karim Kundi has been running the province, helped by an 11-member technocratic advisory council.

What the petitioners argue

Gohar’s lawyers, Barrister Sameer Khosa and Salman Akram Raja, told the court that:

• Article 232(1) of the Constitution requires a provincial assembly resolution before such an emergency, and none was passed. The later approval by the National Assembly and Senate is also being contested.
• Conditions in KP didn’t justify the measures. They cited the Supreme Court’s ruling in the Pir Sabir Shah case, and argued that the chief minister and cabinet should keep working even during an emergency.
• Article 234 can be used only when a provincial government stops functioning, PTI’s counsel argued.

The petition also seeks the recovery of Chief Minister Sohail Afridi and the provincial assembly speaker, who the lawyers allege are missing, and the restoration of the assembly. Gohar further alleged that 12 MNAs and 14 provincial lawmakers affiliated with PTI had been picked up. These are claims made in court and haven’t been independently verified.

What happens next

The government now has to file its response. The court has made no ruling on the merits yet, and the case returns on November 10. Until then, governor’s rule stays in place.

For people in KP, the practical question is how long the province will be run without its elected government. The PHC’s decision, and any appeal to the Supreme Court after it, will decide that.