Pakistan

Emergency, Governor’s Rule in KP Challenged in Peshawar High Court

PESHAWAR: The federal government’s decision to impose an emergency and Governor’s Rule in Khyber Pakhtunkhwa has been challenged in the Peshawar High Court, with the petitioner seeking to have the measures declared unconstitutional and their implementation suspended immediately.

The petition was filed by Advocate Salman, who named the President of Pakistan, the prime minister and the governor of Khyber Pakhtunkhwa as respondents.

The petitioner argued that the imposition of an emergency and Governor’s Rule in the province was unconstitutional, unlawful and based on mala fide intentions, alleging that the measures violated fundamental rights guaranteed by the Constitution and undermined the democratic mandate of the people.

According to the petition, the federal government’s action amounted to an infringement of the electoral mandate given by the people of Khyber Pakhtunkhwa. It further contended that suspending or rendering an elected provincial government and its representatives ineffective through administrative measures, without sufficient legal justification, exceeded constitutional limits.

The petitioner has requested the high court to examine the constitutional validity of the federal government’s decision and declare the imposition of the emergency and Governor’s Rule null and void.

The petition also seeks an immediate suspension of the implementation and legal effects of the notification imposing Governor’s Rule until the court delivers its final judgment.


The challenge comes after the federal government invoked Articles 232 and 234 of the Constitution to impose an emergency and Governor’s Rule in Khyber Pakhtunkhwa.

Following the move, the provincial cabinet was dissolved and an 11-member advisory council was established to oversee administrative affairs in the province.

The federal government has also called in the Pakistan Army under Article 245 of the Constitution to assist in maintaining law and order.

The high court’s proceedings will determine how the constitutional challenge is considered and whether interim relief is granted to the petitioner.

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