PHC Seeks Replies on KP Governor’s Rule
The Peshawar High Court has moved the KP governor’s rule case to its next stage, with the provincial Advocate General’s Office issuing notices to the governor and other senior officials and seeking detailed replies by November 7. The petitions challenge the emergency in some districts and governor’s rule in others as unconstitutional and illegal.
The notices were issued on writ petitions filed by PTI Chairman Barrister Gohar Ali Khan and others, and go to the governor, the chief secretary, the provincial assembly speaker and the secretary of the Home and Tribal Affairs Department.
Each office must submit its report and comments before the court through officers of Grade 17 or above by November 7. The high court will take up the petitions for further hearing on November 10.
KP governor’s rule: what the petitioners argue
The petitioners argue that the situation in Khyber Pakhtunkhwa was not beyond the control of the provincial government, and so the extraordinary measures were not warranted. They say the federal government exceeded its constitutional authority by imposing emergency and governor’s rule, and in doing so deprived an elected provincial government and its representatives of their powers.
They further argue that governor’s rule can only be imposed in exceptional circumstances, when the situation in a province has deteriorated beyond control, and with the provincial government itself expected to recommend such action. The petitions also challenge the invocation of Article 245 to call in the armed forces, and allege that several constitutional requirements were disregarded.
A question over the speaker’s reply
One practical question now hangs over the November 7 deadline. The provincial government maintains that the provincial assembly speaker is currently in protective custody, and the Advocate General’s Office has been informed of the situation. It is therefore unclear how the speaker will submit his response by the deadline.
That detail matters because the speaker is central to the dispute. PTI has said he was taken away from the provincial assembly on October 11, and a separate petition on the detention of the chief minister and other leaders is already before the court, as covered in the PHC plea over Sohail Afridi’s detention.
PHC orders release of 23 more PTI workers
In a separate case, the high court granted interim relief to 23 more PTI workers arrested under Section 3 of the Maintenance of Public Order (MPO) Ordinance, ordering their release on bail. A bench comprising Justice Sahibzada Asadullah and Justice Inamullah heard writ petitions challenging the detention of the workers, including Akbar Sher, Shehzad, Razaullah, Saqib, Ehsanullah and Momin Khan.
Lawyers Yasir Khattak and Azhar Rahim Khan appeared for the petitioners, while Advocate General Sanaullah appeared for the province. At the previous hearing, the court had asked the deputy commissioner of Mardan to explain the detentions.
The concerned authorities have yet to submit that report despite the court’s directions. The bench therefore examined the available record and granted relief, noting that similar relief had previously been granted in comparable cases, a pattern Feature Pakistan covered in the PHC bail order for PTI activists held under the MPO.
Why the November 7 replies matter
Frequently asked questions
What has the PHC ordered in the KP governor’s rule case?
Notices to the governor, the chief secretary, the provincial assembly speaker and the Home and Tribal Affairs secretary, seeking replies by November 7. The petitions will be heard again on November 10.
Who filed the petitions against governor’s rule?
PTI Chairman Barrister Gohar Ali Khan and others. They contend that the emergency in certain districts and governor’s rule in others are unconstitutional and illegal.
Why is the speaker’s reply in doubt?
The provincial government maintains that the speaker is currently in protective custody, and the Advocate General’s Office has been informed. It is unclear how he will submit his response by November 7.
What happened to the 23 PTI workers?
The court ordered their release on bail, each furnishing two surety bonds worth Rs100,000. The petitions continue on merit, and the interim relief is not a final decision on the detentions.
