PHC to hear PTI chairman’s plea against emergency, governor’s rule in KP on Oct 20

PESHAWAR: 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 and seeking to have the move declared unconstitutional. The federal government on October 11 imposed emergency in KP, and placed the province under governor’s rule, taking note of the “provincial government’s deliberate disengagement from the fight against terrorism”. The move followed weeks of political tensions between the Centre and the PTI — as well as negotiations to bridge their differences — after the latter announced a long march to Islamabad to demand the release of its jailed founder, Imran Khan. The opposition had criticised the move, vowing to raise its voice at every forum, including the judiciary.

The instant petition was filed on October 14 by the PTI chairman . He will be represented by a panel of lawyers, including Barrister Sameer Khosa, Salman Akram Raja, Ali Zaman, Sardar Haseeb Ahmad and Zainab Shahid. The members of the bench that will hear the petition will be announced later. In his petition, Gohar urged the PHC to declare the federal government’s decision to impose emergency and governor’s rule in KP “unconstitutional, ultra vires, coram non judice, tainted with malice in law and fact, devoid of objective material, and of no legal effect” and to set aside the proclamation. Filed under Article 199 of the Constitution, the petition named the federation of Pakistan (through the secretaries of the Cabinet Division, law, interior, and defence ministries); the province of KP; KP Governor Faisal Karim Kundi; the KP Assembly speaker; and the secretary of the KP Home and Tribal Affairs Department as respondents. Sohail…