PHC Grants Relief in KP Suspension, Transfer Cases
PHC grants relief to two provincial officials in Khyber Pakhtunkhwa, as the Peshawar High Court's Bannu Bench suspended orders transferring and suspending them after the imposition of emergency and governor's rule in the province.
A bench comprising Justice Sabitullah Khan and Justice Aurangzeb Khan heard petitions raising legal questions about the departments' authority to exercise such powers in districts placed under federal government orders.
The bench suspended the orders concerning the suspension of Bannu regional municipal officer (RMO) Atiqur Rehman Baloch and the transfer of an assistant director of the local government and rural development department. It ruled that the status quo be maintained in both cases.
Two officials challenged the orders
Bannu RMO Atiqur Rehman Baloch and assistant director Inamullah had filed the petitions.
Their counsel, Pir Hameedullah Shah, told the court that the President of Pakistan imposed an emergency and governor's rule in Khyber Pakhtunkhwa on October 11 under Articles 232 and 234 of the Constitution. The federal government then placed the administrative and operational control of 12 designated districts, including Bannu, under the area development secretariat, with the additional chief secretary as its administrator.
He said that under the federal order, the authority to transfer and post provincial officials serving in the designated districts rested with the prime minister. Yet the secretary of local government suspended RMO Baloch on October 30, while the director general of the local government and rural development department transferred assistant director Inamullah to the directorate general on October 15.
The counsel argued that both orders had been issued in violation of the federal order and without approval from the competent authority, rendering them unlawful.
Court seeks replies within two weeks
After considering the legal grounds in both petitions, the court issued pre-admission notices to the respondents, including the administrator of the area development secretariat and the secretary and director general of local government. It directed them to submit comments within two weeks.
The court also issued notices to Assistant Attorney General Taj Mohammad Khan and Additional Advocate General Zahidul Haq, seeking their assistance at the next hearing.
As interim relief, the court ordered that the existing position in both cases be maintained until a final decision is reached.
PHC grants relief amid emergency rule
The case is one of the first court tests of how the emergency has changed the chain of command in the province. The Senate endorsed the emergency resolution last month, and the federal government has since run 12 districts through the area development secretariat.
The petitions turn on a narrow but important question: once the federal order placed transfer and posting powers with the prime minister, could provincial departments still suspend or move officials on their own? The bench has not decided that question yet. It has only frozen the two orders while it hears the case.
Governor Faisal Karim Kundi has meanwhile stepped up his criticism of the JUI-F leadership, as the political fallout from the emergency continues. A sit-in in Qila Abdullah ended this week after talks, and JUI-F has launched protests in Sindh and 15 districts of Balochistan.
Frequently asked questions
What relief did the Peshawar High Court grant?
The court's Bannu Bench suspended the suspension of Bannu RMO Atiqur Rehman Baloch and the transfer of assistant director Inamullah, ordering that the status quo be maintained until a final decision.
Why were the orders challenged?
The petitioners' counsel argued that after the October 11 emergency, the authority to transfer and post officials in the 12 designated districts rested with the prime minister, so the provincial orders were issued without approval from the competent authority.
When did the emergency come into force?
The President imposed the emergency and governor's rule in Khyber Pakhtunkhwa on October 11 under Articles 232 and 234 of the Constitution.
What happens next?
The respondents, including the area development secretariat administrator and local government officials, must submit comments within two weeks. The court will hear the cases further after that.
