Peshawar High Court stops hearing petitions after Federal Constitutional Court order
Peshawar High Court stops hearing petitions filed in Khyber Pakhtunkhwa on or after Oct. 12 after a Federal Constitutional Court order suspended proceedings.
Kamran Ali
Correspondent Nukta
Kamran Ali, a seasoned journalist from Khyber Pakhtunkhwa, Pakistan, has a decade of experience covering terrorism, human rights, politics, economy, climate change, culture, and sports. With an MS in Media Studies, he has worked across print, radio, TV, and digital media, producing investigative reports and co-hosting shows that highlight critical issues.
A view of Peshawar High Court building.
The Peshawar High Court has stopped hearing petitions filed in Khyber Pakhtunkhwa on or after Oct. 12 after a Nov. 5 Federal Constitutional Court (FCC) order. New petitions will be returned to applicants, who must approach the appropriate forum, following the imposition of governor's rule and a state of emergency in the province.
Why did the Peshawar High Court stop hearing petitions?
The Federal Constitutional Court suspended Article 199 proceedings before the Peshawar High Court filed on or after Oct. 12, under Article 245(4), following the deployment of armed forces to assist civil authorities across Khyber Pakhtunkhwa. The high court's Administrative Committee then issued a notification to ensure compliance.
What does the Peshawar High Court notification say?
According to the notification, writ petitions filed on or after Oct. 12 will not be scheduled for hearings. Fresh petitions will not be entertained either.
Such petitions will be returned to applicants with instructions to approach the appropriate forum.
What did the FCC order say about MPO arrests?
On Thursday, the FCC barred the Peshawar High Court from hearing cases related to arrests under the Maintenance of Public Order (MPO) law. Chief Justice Aminuddin Khan said the court was issuing notices to the parties concerned.
He added that other parties could approach the FCC by filing petitions after reviewing its order.
Why was governor's rule imposed in Khyber Pakhtunkhwa?
The federal government imposed governor's rule and a state of emergency in Khyber Pakhtunkhwa on Oct. 11. It cited an increase in militant attacks and what it described as the provincial government's failure to address the deteriorating security situation.
President Asif Ali Zardari issued the proclamation under Articles 232 and 234 of the Constitution. This followed a reported breakdown in counterterrorism talks between the federal government and the Pakistan Tehreek-e-Insaf-led provincial administration.
The move also led to the deployment of the armed forces under Article 245. The provincial government and its cabinet were suspended, and executive powers were transferred to the governor.
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