The Peshawar High Court removed petitions seeking the recovery of Khyber Pakhtunkhwa Chief Minister Sohail Afridi, the speaker of the Provincial Assembly, and the PTI provincial president from its cause list on Saturday, following jurisdictional orders from the Federal Constitutional Court.
The administrative committee of the Peshawar High Court issued a formal notification in compliance with directives from the Federal Constitutional Court, directing that no writ petitions filed on or after October 12 be fixed for hearing. The court also ordered that petitions filed under Article 199 of the Constitution be returned to the petitioners with advice to approach forums designated by the higher bench.
Peshawar High Court Compliance Follows Federal Constitutional Court Rulings
The removal of cases from the Peshawar High Court schedule follows a series of rulings issued from Islamabad. On November 5, the Federal Constitutional Court barred the high court from hearing cases concerning arrests under the Maintenance of Public Order Ordinance, according to reporting by Dawn. A day earlier, the Federal Constitutional Court stripped the provincial high court of jurisdiction over post-October 12 cases related to the emergency and governor’s rule in Khyber Pakhtunkhwa.
The jurisdictional shift occurred after the Peshawar High Court granted bail to 23 Pakistan Tehreek-e-Insaf workers arrested under Section 3 of the MPO Ordinance. During hearings, the Khyber Pakhtunkhwa advocate general argued that the high court could not exercise jurisdiction under Article 199 in areas where armed forces act in aid of civil power under Article 245.
Did You Know? On October 11, Prime Minister Shehbaz Sharif’s recommendation to declare an emergency and establish governor’s rule in Khyber Pakhtunkhwa—grounded in declining security conditions and inadequate cooperation regarding counter-terrorism measures—was formally endorsed by President Asif Ali Zardari.
High-Profile Legal Challenges Shift to New Forums
A host of high-profile petitions challenging the emergency and governor’s rule were pending before the Peshawar High Court before the administrative committee cleared the cause list. Among those who submitted these legal challenges were PTI Chairman Barrister Gohar Ali Khan, National Assembly Opposition Leader Mahmood Khan Achakzai, the Khyber-Pakhtunkhwa Bar Council, National Democratic Movement Chairman Mohsin Dawar, and Member of the National Assembly Shandana Gulzar.
Scores of PTI workers and leaders, including lawmakers and non-functional Chief Minister Sohail Afridi, were detained following the October 11 proclamation under Articles 232 and 234 of the Constitution. Executive powers in the province were transferred to Governor Faisal Karim Kundi, assisted by an advisory council, while emergency measures were imposed across 12 districts. Petitions addressing the governor’s rule, the provincial state of emergency, the detention of prominent regional political figures, and custody under the MPO Ordinance will now be evaluated by the Federal Constitutional Court.
Frequently Asked Questions
What constitutional articles were cited in the imposition of the provincial emergency?
President Asif Ali Zardari approved the emergency and governor’s rule under Articles 232 and 234 of the Constitution, while troop deployments were authorized under Article 245.
How many districts were subjected to emergency measures following the October 11 proclamation?
Emergency measures were imposed across 12 districts in Khyber Pakhtunkhwa after executive powers were transferred to Governor Faisal Karim Kundi.
How will petitioners meet the new jurisdictional requirements set by the Federal Constitutional Court for pending cases?