Peshawar High Court to hear PTI petitions against emergency rule in KP

The Peshawar High Court (PHC) will hear PTI petitions on Tuesday challenging the federal government's governor's rule and state of emergency in Khyber Pakhtunkhwa. The party also seeks the recovery of suspended Chief Minister Sohail Afridi and Assembly Speaker Babar Saleem Swati, who it says were abducted. PTI calls the measures unconstitutional.

Who will hear the PTI petitions in the Peshawar High Court?

A divisional bench of Justice Ijaz Anwar and Justice Faheem Wali will hear PTI Chairman Barrister Gohar Ali Khan's constitutional petition on Tuesday, according to the court's cause list. Justice Arshad Ali and Justice Farah Jamshaid will separately hear the petitions seeking the recovery of Afridi and Swati.

PTI filed three petitions in the high court on Oct. 13 and 14. They challenge the detention of Afridi and Swati and the imposition of governor's rule and a state of emergency in the province.

What is PTI's case against emergency rule in KP?

PTI has asked the court to declare the measures unconstitutional and restore the provincial government. On Monday, the party also filed an additional application seeking to have the resolutions passed by the National Assembly and Senate in support of the measures declared unconstitutional.

The petition argues that governor's rule and the state of emergency unlawfully displaced an elected government. It says they violated several constitutional provisions, including Articles 1, 2A, 4, 9, 10, 10A, 14, 15, 16, 17, 19, 19A, 25, 130, 175(3), 232, 234 and 245.

The party contends that the emergency was imposed without the provincial assembly's mandatory approval. It alleges that security concerns were used as a pretext for political victimization, and it has asked the court to restore Afridi and his cabinet.

What do the petitions say about Sohail Afridi and Babar Saleem Swati?

Separate constitutional petitions seek the immediate recovery of Afridi and Swati. They allege that armed, masked men abducted the two leaders in the presence of Peshawar's Capital City Police Officer.

The petitioners have called for an independent investigation, the preservation of CCTV footage and security records, and legal action against those responsible. They have also warned that delays could endanger the lives of the two leaders.

Khyber Pakhtunkhwa Governor Faisal Karim Kundi has said Afridi is in protective custody and in "safe hands." The petitions dispute this account and allege that authorities are withholding information about the whereabouts of Afridi and Swati.

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

The federal government imposed governor's rule and declared a state of emergency in the province on Oct. 11. It cited rising militant attacks and what it described as the provincial government's failure to address the security crisis effectively.

President Asif Ali Zardari issued the proclamation under Articles 232 and 234 of the Constitution. It followed the reported collapse of negotiations between the federal government and the PTI-led provincial administration over a joint counterterrorism strategy.