PTI challenges FCC order barring Peshawar High Court from hearing key cases

Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan has filed a review petition against the Federal Constitutional Court (FCC) order of November 5, which restricts the Peshawar High Court (PHC) from hearing cases on Governor’s Rule and an emergency in Khyber Pakhtunkhwa.

PTI wants the PHC allowed to hear challenges to the federal government’s measures.

What does the FCC order say about Peshawar High Court cases?

The FCC’s interim order of November 5 suspended proceedings on constitutional petitions filed under Article 199 before the PHC on or after October 12.

It was issued in connection with the deployment of armed forces in Khyber Pakhtunkhwa under Article 245 of the Constitution to assist civilian authorities.

What are PTI’s petitions seeking?

The review petition asks the FCC to reconsider its decision and allow the PHC to hear challenges to the federal government’s measures in the province. It also covers petitions seeking the recovery of detained party leaders.

Separately, PTI lawmaker Shandana Gulzar filed petitions seeking the recovery of suspended Chief Minister Sohail Afridi, provincial Assembly Speaker Babar Saleem Swati and party provincial president Junaid Akbar.

The petitions allege that the three leaders have been unlawfully detained and that their whereabouts remain unknown. They ask the court to direct authorities to disclose where the leaders are being held and ensure their safe recovery.

Why did the federal government impose Governor’s Rule in Khyber Pakhtunkhwa?

The federal government decided on October 11 to impose Governor’s Rule and declare an emergency in the province. It cited an escalation 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. It suspended the provincial government and cabinet and transferred executive authority to the governor.

Since the measures were introduced, several PTI leaders have reportedly been detained or gone missing. Khyber Pakhtunkhwa Governor Faisal Karim Kundi has described their detention as being under “protective custody”.

What happened to PTI’s cases in the Peshawar High Court?

PTI had approached the PHC to challenge the federal government’s actions and seek the recovery of its leaders. Following the FCC’s interim order, the high court stopped proceedings on the affected petitions and returned them to the petitioners.

The PHC directed the petitioners to approach the constitutional court instead.