The Peshawar High Court has struck off the emergency petitions challenging governor’s rule and the emergency in Khyber Pakhtunkhwa, days after the Federal Constitutional Court stripped it of jurisdiction over cases from the province.
The court took the petitions off the list on Saturday. The move covers writ petitions against the emergency and governor’s rule, as well as arrests made under the Maintenance of Public Order (3-MPO) ordinance.
The Peshawar High Court’s Administrative Committee issued a formal notification in line with the Federal Constitutional Court’s orders. It directed that no writ petitions filed on or after October 12 be fixed for hearing. It also ordered that petitions filed under Article 199 of the Constitution be returned to the petitioners.
The committee advised the petitioners to approach the appropriate forum for relief.
The emergency petitions struck off
The petitions removed from the cause list include those seeking the recovery of Khyber Pakhtunkhwa Chief Minister Sohail Afridi, Provincial Assembly Speaker Babar Saleem Swati and PTI provincial president Junaid Akbar.
Several high-profile petitions challenging the emergency and governor’s rule were pending before the court. These included pleas filed by PTI Chairman Barrister Gohar Ali Khan, National Assembly Opposition Leader Mahmood Khan Achakzai, the Khyber Pakhtunkhwa Bar Council, National Democratic Movement Chairman Mohsin Dawar and Member of the National Assembly Shandana Gulzar.
The latest step halts judicial scrutiny of the emergency measures at the provincial high court level. Petitioners must now seek relief before forums designated by the Federal Constitutional Court.
Why the court acted
A day earlier, the Federal Constitutional Court stripped the Peshawar High Court of jurisdiction over post-October 12 cases from Khyber Pakhtunkhwa, including cases related to the emergency and governor’s rule. Before that, on November 5, it barred the court from hearing cases about arrests under the Maintenance of Public Order Ordinance.
The directions came after the Peshawar High Court granted bail to 23 Pakistan Tehreek-e-Insaf workers arrested under Section 3 of the ordinance. The court had also sought replies from the governor and the speaker against the governor’s rule in the province.
Our earlier report on the Federal Constitutional Court’s order on the Peshawar High Court’s jurisdiction sets out how the court lost the power to hear these cases. A separate order barred the court from hearing petitions under Article 199 after the constitutional court’s ruling.
The sequence is striking. Only days before the jurisdiction was stripped, the court’s Bannu bench had granted interim relief to employees challenging suspensions and transfers ordered after the emergency was imposed. That relief now stands as one of the last orders the court issued on the emergency before its jurisdiction ended.
How the emergency began
On October 11, President Asif Ali Zardari approved Prime Minister Shehbaz Sharif’s advice to impose an emergency and governor’s rule in the province under Articles 232 and 234 of the Constitution. The federal government cited a deterioration in the security situation, a rise in terrorist attacks, and what it described as the provincial administration’s failure to cooperate effectively in counter-terrorism efforts.
Under the new arrangement, executive powers were transferred to Governor Faisal Karim Kundi, assisted by an advisory council, while emergency measures were imposed in 12 districts. The PTI rejected the federal government’s position and opposed the move.
The measures resulted in the removal of Chief Minister Sohail Afridi and his cabinet from office, with executive authority transferred to the governor.
The decision followed weeks of tensions between the Centre and the PTI-led provincial administration, alongside negotiations aimed at reaching agreement on a joint strategy against terrorism. The federal government had repeatedly warned that governor’s rule or an emergency could be imposed, accusing the provincial administration of failing to cooperate adequately with the Centre on counter-terrorism.
The PTI’s planned long march to Islamabad and the province’s deteriorating security situation added to the confrontation. PTI Chairman Barrister Gohar Ali Khan has since pressed for the Supreme Court’s order on Imran Khan’s medical treatment to be carried out, as the party’s legal battles continue on several fronts.
What happens next
With the petitions struck off the cause list, the emergency and governor’s rule in Khyber Pakhtunkhwa face no live challenge before the Peshawar High Court. The petitioners will have to take their cases to the forums the Federal Constitutional Court has designated.
The province’s political standoff continues in parallel. Local government elections in Khyber Pakhtunkhwa have already been suspended, and the governor’s rule arrangement remains in place while the security situation is assessed.
Frequently asked questions
What did the Peshawar High Court do?
The court removed all writ petitions challenging the Khyber Pakhtunkhwa emergency and governor’s rule, and arrests under the Maintenance of Public Order Ordinance, from its cause list.
Why were the petitions removed?
The Federal Constitutional Court stripped the Peshawar High Court of jurisdiction over post-October 12 cases from the province, and barred it from hearing Maintenance of Public Order cases. The court’s Administrative Committee then issued a notification in line with those orders.
Which petitions were affected?
Petitions seeking the recovery of Chief Minister Sohail Afridi, Speaker Babar Saleem Swati and PTI provincial president Junaid Akbar were removed, along with pleas by Barrister Gohar Ali Khan, Mahmood Khan Achakzai, the Khyber Pakhtunkhwa Bar Council, Mohsin Dawar and Shandana Gulzar.
Where can the petitioners go now?
The court’s committee advised petitioners to approach the appropriate forum for relief, meaning the forums designated by the Federal Constitutional Court.
