KP Emergency and Governor’s Rule Challenged in Peshawar High Court as Petition Seeks Annulment and Suspension of Notification
PESHAWAR: The imposition of emergency measures and governor’s rule in Khyber Pakhtunkhwa has been challenged in the Peshawar High Court. The petition, filed by Advocate Salman, names President Asif Ali Zardari, Prime Minister Shehbaz Sharif and KP Governor Faisal Karim Kundi as respondents and asks the court to declare the measures null and void.
What does the petition argue?
The petitioner contends that the emergency and governor’s rule in the province run against the Constitution and the law, and harm fundamental rights, provincial autonomy and the people’s democratic mandate. The plea also argues that disabling an elected provincial government through an administrative step goes beyond constitutional limits, and asks the court to review the legal status of the decision.
Suspension of the notification also sought
The petition further asks the court to suspend the implementation of the governor’s rule notification until the case is finally decided. According to the petitioner, road closures that followed the emergency caused serious difficulties for residents and also affected people’s access to the Peshawar High Court and the district courts.
Background and the government’s position
President Zardari had approved the measures on the prime minister’s advice under Articles 232 and 234 of the Constitution, after which the provincial cabinet was dissolved, an 11-member advisory council was set up to run administrative affairs, and the army’s services were requisitioned under Article 245 for law and order. Federal Minister for Parliamentary Affairs Dr Tariq Fazal Chaudhry has said the PTI could approach the courts if it had reservations about the decision, while opposition leaders have also announced peaceful nationwide protests from Tuesday.
