PTI challenges imposition of emergency, governor's rule in Khyber Pakhtunkhwa

• Barrister Gohar seeks restoration of elected provincial govt.
• Vows to continue constitutional, legal struggle against measures.
• PTI files petition filed through lawyer Ali Zaman.

PESHAWAR: Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan has challenged the imposition of emergency and governor’s rule in Khyber Pakhtunkhwa in the Peshawar High Court, seeking the restoration of the elected provincial government.

The emergency was imposed on October 11 after President Asif Ali Zardari approved the move on the advice of Prime Minister Shehbaz Sharif under Articles 232 and 234 of the Constitution.

The federal government cited the province’s deteriorating security situation and concerns over counterterrorism efforts. The Imran Khan-founded PTI, which leads the provincial government, has opposed the imposition of emergency and governor's rule.

Following the decision, Governor Faisal Karim Kundi was assigned responsibility for provincial affairs.

Under the new arrangement, he exercises the provincial government’s functions on behalf of the federation with the assistance of an 11-member advisory council, while Parliament exercises the legislative powers of the provincial assembly.

Federal Law Minister Azam Nazeer Tarar said the arrangement would initially remain in place for six months.

The move was followed by the detention of Chief Minister Sohail Afridi and some provincial cabinet members on Sunday.

On Monday, Minister of State for Interior Talal Chaudhry confirmed their preventive custody, telling Reuters that those facing cases would be charged and tried, while the others would be released.

PTI's arguments

In its petition, filed through lawyer Ali Zaman, the PTI argued that using terrorism as grounds to curtail the powers of an elected provincial government amounted to discriminatory treatment.

It maintained that the federal government could not strip the provincial administration of its powers on the basis of political differences.

The petition cited the absence of governor's rule in Balochistan despite terrorism and loss of life there, as well as in Khyber Pakhtunkhwa between 2007 and 2015, arguing that the measures against the current provincial government were discriminatory.

The party said it supported counterterrorism operations and efforts to restore peace in the province, but alleged that accusations of failing to take effective action against terrorism were being used to increase political pressure.

It also maintained that the PTI had secured a two-thirds majority in KP in the 2024 general elections.

The petition argued that governor's rule must meet the constitutional requirements and procedure laid down in Article 234.

It also called for the emergency declaration to be examined under Article 232 and the relevant parliamentary requirements. The PTI further maintained that no illegal action had been planned during its long march.

Gohar seeks early hearing

Speaking to the media on Wednesday, Gohar said the measures had effectively ended the province's democratic government.

He expressed hope that the high court would restore the elected government and said the party had requested an early hearing. "We will continue our constitutional and legal struggle," he added.

The emergency was imposed a week after supporters of incarcerated PTI founder Imran Khan staged a march through Khyber Pakhtunkhwa, seeking his release and access to medical treatment.

The march began in Lakki Marwat on October 4 after negotiations between the government and opposition failed to produce an agreement.

The talks broke down over disagreements concerning counterterrorism cooperation in the province and access to Imran, including a meeting with his personal doctor.

The government and opposition traded accusations over the failure to reach an agreement as Afridi continued leading the march through the province.