Peshawar High Court hears challenges to Governor’s Rule and emergency in Khyber Pakhtunkhwa
A bench of the Peshawar High Court issued notices on Tuesday to the federal government, the Attorney General and the Advocate General after receiving petitions that contest the imposition of Governor’s Rule and a state of emergency in Khyber Pakhtunkhwa. The two‑judge panel, composed of Justice Ijaz Anwar and Justice Muhammad Faheem Wali, heard arguments from the petitioners’ counsel, Barrister Sameer Khosa.
Khosa maintained that the constitutional prerequisites for declaring an emergency and invoking Governor’s Rule were not satisfied. He pointed out that the provincial legislature, the chief minister and the cabinet of ministers were all in place and that provincial affairs were being conducted according to the usual schedule. He urged the court to declare the Governor’s Rule and the emergency unlawful and to restore the provincial assembly.
The petition was filed by the Tehreek Tahafuz‑e‑Aaeen‑i‑Pakistan (TTAP), a coalition of six opposition parties, which approached the High Court on Friday. The alliance seeks a declaration that the Governor’s Rule, the emergency and the suspension of the provincial government are unconstitutional and requests an early hearing. Their filing argues that imposing these measures while an elected provincial government remains functional breaches numerous constitutional provisions, specifically Articles 1, 2A, 4, 9, 10, 10A, 14, 15, 16, 17, 19, 19A, 25, 130, 175(3), 232, 234 and 245.
According to the presidential proclamation, President Asif Ali Zardari, acting on the advice of Prime Minister Shehbaz Sharif, signed a summary authorising the emergency and Governor’s Rule under Articles 232 and 234 to preserve law and order. The document cites a sharp rise in terrorist attacks on government facilities and law‑enforcement agencies, describing the situation as a serious threat to public security. It further alleges that the provincial administration failed to take sufficient action to curb terrorism and widespread lawlessness.