PTI Challenges Emergency and Governor’s Rule in K-P High Court

Barrister Gohar Ali Khan files petition seeking restoration of the elected provincial government as Salman Akram Raja says

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Pakistan Tehreek-e-Insaf (PTI) has approached the Peshawar High Court (PHC) against the imposition of emergency and governor’s rule in Khyber-Pakhtunkhwa, seeking the restoration of the province’s elected government.

PTI Chairman Barrister Gohar Ali Khan filed the petition on Wednesday against the Federation of Pakistan and other respondents. The party said it was seeking restoration of what it described as the people’s representative government in the province.

The federal government imposed emergency and governor’s rule in K-P on October 11 under Articles 232 and 234 of the Constitution, citing security concerns and what it described as shortcomings in the provincial government’s approach to counterterrorism.

PTI takes legal route over provincial government

PTI Central Information Secretary Sheikh Waqas Akram said the petition was filed to challenge the federal intervention and seek restoration of the elected provincial administration.

The party had previously opposed the possibility of emergency or governor’s rule, with K-P Chief Minister Sohail Afridi describing such a move as unconstitutional before the federal government proceeded with the intervention.

The legal challenge adds a constitutional dimension to the growing political dispute between PTI and the federal government over the administration of K-P, security policy and the party’s ongoing political mobilisation.

Salman Akram Raja seeks clarity on Sohail Afridi

PTI Secretary General Salman Akram Raja said the party was also approaching the courts to establish the whereabouts of K-P Chief Minister Sohail Afridi and determine where he was being held.

“We are going to court now. Where Sohail Afridi is and where he has been kept is of the utmost importance to us,” Raja said, adding that PTI would pursue constitutional and legal measures alongside political engagement.

Raja also referred to the arrest of the provincial assembly speaker and alleged attacks on the homes of PTI lawmakers while questioning the significance of the National Assembly session being held to consider the federal government’s move.

The comments came after Afridi and some members of his cabinet were confirmed by officials to be in preventive custody following the imposition of emergency and governor’s rule.

Separate petition seeks Afridi’s whereabouts

The dispute over Afridi’s detention has also reached the PHC through a separate petition filed by his brother.

According to court reporting, the petition sought directions for authorities to establish Afridi’s whereabouts, preserve relevant CCTV footage and official records, and investigate allegations surrounding his removal from the Chief Minister’s House. It also requested that Afridi be produced before the court if he was found to be in official or other custody so that the legality of his detention could be determined.

PTI has described Afridi’s detention as unlawful, while officials have said he and some cabinet members were placed in preventive custody after the federal intervention.

PTI may challenge emergency and governor’s rule in K-P in court

PTI alleges lawyer was also detained

In a separate development, PTI’s K-P media cell alleged that police had taken Afridi’s lawyer, Bashir Wazir, into custody outside the Peshawar High Court.

The allegation comes amid heightened tensions between PTI and the federal authorities following the imposition of emergency and governor’s rule.

The developments have also coincided with PTI’s long march, which had been led by Afridi and remained focused on political demands and the party’s opposition to the federal government’s counterterrorism approach.

Federal government cites security concerns

The federal government has defended its decision to impose emergency and governor’s rule, citing deteriorating law and order and what it described as the provincial government’s disengagement from counterterrorism efforts.

Under Article 234, governor’s rule can be imposed when the president is satisfied that a provincial government cannot function in accordance with the Constitution. The arrangement allows the federal government to assume control of provincial functions, while the powers of the provincial assembly may be exercised by Parliament.

The federal intervention has intensified an already strained relationship between Islamabad and the PTI-led provincial administration.

PTI, meanwhile, has rejected the government’s justification and is now pursuing the matter through the courts while continuing its political campaign.

The PHC proceedings are expected to determine how the court responds to PTI’s challenge to the emergency and governor’s rule, while separate legal proceedings could provide greater clarity over Afridi’s detention and current whereabouts.

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