PHC to Hear PTI Plea Against KP Emergency on Oct 20
The Peshawar High Court on Friday fixed October 20 for the preliminary hearing of a petition filed by PTI Chairman Barrister Gohar Ali Khan challenging the imposition of emergency and governor’s rule in Khyber Pakhtunkhwa.
The federal government imposed emergency in KP on October 11 and placed the province under governor’s rule, citing what it called the “provincial government’s deliberate disengagement from the fight against terrorism”. The move followed weeks of political tension between the Centre and the PTI, along with negotiations to bridge their differences, after the party announced a long march to Islamabad to demand the release of its jailed founder, Imran Khan.
The opposition criticised the move and vowed to contest it at every forum, including the judiciary.
What Gohar’s petition asks
Gohar filed the petition on October 14. He will be represented by a panel of lawyers including Barrister Sameer Khosa, Salman Akram Raja, Ali Zaman, Sardar Haseeb Ahmad and Zainab Shahid.
Filed under Article 199 of the Constitution, the petition names the federation of Pakistan (through the secretaries of the Cabinet Division and the law, interior and defence ministries), the province of KP, Governor Faisal Karim Kundi, the KP Assembly speaker and the provincial home secretary as respondents. Sohail Afridi, who stopped functioning as chief minister after governor’s rule was imposed, is named as a pro forma respondent.
The petition asks the court to declare the October 11 decision, the order deploying army troops to the province, and all consequential executive orders unconstitutional, and to set aside the proclamation. Among the measures challenged are the 11-member technocratic KP Advisory Council now assisting Governor Kundi, the “arbitrary” removal of Afridi and his cabinet, and the establishment of an Area Development Secretariat across 12 districts.
The petition also challenges the transfer of the KP Assembly’s legislative powers to Parliament without a prior assembly resolution, as required under Article 232(1), calling it an unconstitutional usurpation of provincial autonomy. It asks the court to restrain the federation from tabling any KP legislative business in Parliament.
Gohar further sought disclosure of the “entire record”, including Governor Kundi’s report and the federal cabinet’s summary behind the proclamation, and asked for the release of Afridi and detained cabinet and assembly members.
The petition argues the proclamation cited no “grave emergency” from war or external aggression, as Article 232(1) requires, and says the “internal disturbances” justification lacked any demonstrable, objective criterion. It notes that no emergency was declared in Balochistan despite a high number of terrorist incidents there, and that no emergency was imposed anywhere in Pakistan even at the height of terrorism between 2007 and 2015.
The NDM’s parallel challenge
A second petition, filed by National Democratic Movement central president Mohsin Dawar and provincial president Bushra Gohar, has also been fixed for hearing on October 20.
The NDM petition calls the proclamation “purely and patently against the mandate of people of Khyber Pakhtunkhwa” and asks the court to declare the president’s October 11 proclamation without legal effect and set aside all directions, appointments and actions taken under it. It also seeks interim relief: suspension of the proclamation’s operation until the writ petition is finally decided.
How the crisis unfolded
The October 11 proclamation capped a rapid escalation. The Centre had been openly considering emergency in KP as the PTI’s long march gathered pace, with Afridi rejecting governor’s rule and federal ministers linking the emergency debate to the march.
After the proclamation, the federal government formed the 11-member KP Advisory Council to assist Governor Kundi in running the province, a move that drew an immediate backlash in Peshawar. KP lawyers observed a black day and boycotted courts in protest. The October 20 hearing will be the first judicial test of the proclamation.
Frequently asked questions
When will the PHC hear the PTI’s petition against the KP emergency?
The Peshawar High Court fixed October 20 for the preliminary hearing of Barrister Gohar Ali Khan’s petition. An NDM petition will be heard the same day.
What does the PTI petition challenge?
The October 11 emergency proclamation and governor’s rule, the army deployment order, the 11-member KP Advisory Council, the removal of the Afridi cabinet, and the transfer of the KP Assembly’s legislative powers to Parliament.
Why did the federal government impose emergency in KP?
It cited the provincial government’s “deliberate disengagement from the fight against terrorism”. The PTI calls the move unconstitutional and politically motivated.
