Pakistan opposition alliance challenges governor’s rule, emergency in KP

Pakistan’s opposition alliance Tehreek Tahafuz Ayeen-i-Pakistan (TTAP) filed a petition in the Peshawar High Court on Friday challenging the emergency and governor’s rule in Khyber Pakhtunkhwa (KP).

It argues both measures violate the constitution and seeks the restoration of the elected provincial government.

How many petitions challenge the emergency and governor’s rule in KP?

The TTAP petition is the third plea filed in the Peshawar High Court against the measures. Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan filed the first, which is scheduled for a hearing on October 20, and a private lawyer filed another. The court is expected to combine all three petitions for a joint hearing.

A TTAP delegation led by National Assembly Opposition Leader Mehmood Khan Achakzai and Senate Opposition Leader Allama Raja Nasir Abbas filed the petition. It asks the court to declare both measures unconstitutional and overturn them.

What are the petitioners arguing against the emergency in KP?

The petitioners say the emergency proclamation and the removal of the elected provincial government contravene several provisions of Pakistan’s constitution. They contend that the 18th Amendment requires a prior resolution by the provincial assembly before an emergency can be declared on grounds of internal disturbances. They say the federal government bypassed this requirement.

They also argue that Article 234 does not empower the president to remove an elected chief minister outside the constitutional process, including the vote-of-confidence procedure set out in Article 130.

The petition further alleges political victimization. It argues that emergency rule was imposed under the pretext of security concerns, while no comparable measure was taken in neighboring Balochistan despite its own security challenges.

What does the petition ask the court to do?

The petitioners have asked the court to strike down the emergency proclamation and governor’s rule. They also want detained Chief Minister Sohail Afridi and his provincial cabinet restored. In addition, they seek a declaration that the KP Advisory Council and Area Development Secretariat are invalid.

Why did the federal government impose emergency rule in Khyber Pakhtunkhwa?

The federal government imposed emergency rule and governor’s rule in Khyber Pakhtunkhwa on October 11.

It cited an increase in militant attacks. It also accused the provincial government of failing to cooperate on a unified counterterrorism strategy.