Peshawar: The Peshawar High Court (PHC) has scheduled October 20 for the preliminary hearing of petitions challenging the imposition of emergency and governor's rule in Khyber Pakhtunkhwa (KP).
The petitions were filed by Pakistan Tehreek e Insaf (PTI) Chairman Barrister Gohar Ali Khan and National Democratic Movement (NDM) leaders Mohsin Dawar and Bushra Gohar.
The federal government imposed emergency and governor's rule in KP on October 11, citing what it described as the provincial government's failure to cooperate in counterterrorism efforts.
The decision followed tensions between the federal government and PTI over the party's announcement of a march to Islamabad demanding the release of its imprisoned founder, Imran Khan.
Barrister Gohar filed his petition on October 14 under Article 199 of the Constitution, seeking to have the emergency proclamation and subsequent administrative measures declared unconstitutional.
He challenged the transfer of the KP Assembly's legislative powers to Parliament, arguing that the provincial assembly had not passed the resolution required under Article 232(1) of the Constitution.
The petition also questioned the deployment of army personnel under Article 245 and the removal of Sohail Afridi from his position as chief minister following the imposition of governor's rule.
Gohar sought the restoration of the provincial government's constitutional authority and the release of Afridi and other detained members of the provincial cabinet and assembly.
He also challenged the formation of an 11 member KP Advisory Council, established by the federal government to assist Governor Faisal Karim Kundi in administering the province.
The petition requested the court to set aside the establishment of the Area Development Secretariat across 12 districts, along with administrative appointments and orders issued following the emergency proclamation.
Gohar further asked the court to direct the federal government and the governor to submit the records and documents used to justify the decision, including the governor's report and the federal cabinet's summary.
He argued that the proclamation lacked the constitutional grounds required for imposing emergency and alleged that the decision was politically motivated.
Separately, NDM leaders Mohsin Dawar and Bushra Gohar challenged the October 11 proclamation, arguing that it violated provincial autonomy and the mandate of KP's elected representatives.
Their petition sought the suspension of the emergency proclamation until the court reaches a final decision.
The petitioners also questioned whether the constitutional procedures outlined in Articles 232 and 234 had been followed.
The federal government's position remains that the measures were introduced in response to security concerns and the provincial administration's approach to counterterrorism.
The composition of the bench hearing the petitions has yet to be announced.
The October 20 proceedings will consider the initial legal challenges to the emergency proclamation and the administrative decisions made under governor's rule.





