PHC issues notices in petitions challenging governor’s rule, emergency in KP; hearing adjourned till Nov 10

PESHAWAR: The Peshawar High Court (PHC) on Tuesday issued notices to the federal and provincial governments in several petitions challenging the imposition of emergency and governor’s rule in Khyber Pakhtunkhwa on October 11. PTI Chairman Barrister Gohar Ali Khan moved the PHC on Oct 14 against the measures, requesting the court to declare them unconstitutional. The move to impose emergency and governor’s rule followed heightened tensions between the PML-N-led federal government and the PTI-led KP government. A two-member bench comprising Justices Ijaz Anwar and Muhammad Faheem Wali adjourned the hearing till November 10 after hearing preliminary arguments. The court said an order would be issued afterwards, adding that notices would also be issued to the attorney general for Pakistan and the KP advocate general.

The bench took up several petitions today, including one filed by PTI Chairman Barrister Gohar Ali. PTI leader Shandana Gulzar, the KP Bar Council and leaders of the Tehreek-i-Tahafuz-Ayin-i-Pakistan (TTAP) have also filed petitions. Barrister Sameer Khosa and Salman Akram Raja appeared on behalf of Barrister Gohar. Barrister Sameer said the petition challenged the imposition of governor’s rule and the state of emergency in KP, arguing that a resolution passed by the provincial assembly was mandatory for such a move. “No approval was obtained from the provincial assembly,” he told the court. He added that the National Assembly and the Senate had approved the action later. “We have also challenged this in the miscellaneous application,” he added. “The proviso to Article 232(1) states that approval from the provincial assembly is necessary. The word ‘shall’ is used, which means this condition is mandatory,” the petitioner’s lawyer said. He reiterated that the…