PHC removes petitions against K-P emergency from its cause list
The Peshawar High Court on Saturday removed all petitions challenging the emergency and governor's rule in Khyber-Pakhtunkhwa from its cause list. The move came a day after the Federal Constitutional Court stripped the PHC of jurisdiction over such cases.
- PHC removed petitions on emergency and governor's rule in K-P from its cause list on Saturday.
- The Federal Constitutional Court a day earlier took away PHC jurisdiction over post-October 12 K-P cases.
- Petitions are to be returned and petitioners advised to approach the appropriate forum.
The Peshawar High Court (PHC) removed all writ petitions challenging the emergency and governor's rule in Khyber-Pakhtunkhwa from its cause list on Saturday, The Express Tribune reported. Petitions against arrests under the Maintenance of Public Order (MPO) ordinances were also removed.
The step followed a decision by the Federal Constitutional Court (FCC) a day earlier, which stripped the PHC of jurisdiction over K-P cases filed after October 12, including those on emergency and governor's rule. On November 5, the FCC had separately barred the PHC from hearing cases on arrests under the MPO Ordinance.
The PHC Administrative Committee issued a notification directing that no writ petitions filed on or after October 12 be fixed for hearing. Petitions filed under Article 199 of the Constitution are to be returned to the petitioners, and the committee advised them to approach the appropriate forum for relief.
Among the petitions removed were those seeking the recovery of K-P Chief Minister Sohail Afridi, Provincial Assembly Speaker Babar Saleem Swati and PTI provincial president Junaid Akbar.
The challenges to the emergency and governor's rule had been filed by PTI Chairman Barrister Gohar Ali Khan, National Assembly Opposition Leader Mahmood Khan Achakzai, the Khyber-Pakhtunkhwa Bar Council, NDM Chairman Mohsin Dawar and MNA Shandana Gulzar. Before the removal, the PHC had sought replies from the governor and the speaker on the governor's rule. It had also granted bail to 23 PTI workers arrested under Section 3 of the MPO Ordinance.
On October 11, President Asif Ali Zardari approved Prime Minister Shehbaz Sharif's advice to impose an emergency and governor's rule in K-P under Articles 232 and 234 of the Constitution. The federal government cited a worsening security situation, a rise in terrorist attacks and the provincial administration's failure to cooperate on counter-terrorism.
Executive powers were transferred to Governor Faisal Karim Kundi, assisted by an advisory council, and emergency measures were imposed in 12 districts. Chief Minister Sohail Afridi and his cabinet were removed from office. The PTI rejected the federal government's position and opposed the move.
Why it matters
The ruling affects residents of Khyber-Pakhtunkhwa, where executive powers now rest with the governor and emergency measures apply in 12 districts. Petitioners, including political leaders and the provincial bar council, must now seek relief from another forum. Those arrested under the MPO ordinances are also affected, as the PHC can no longer hear such cases.
