Peshawar: Lawyers across Khyber Pakhtunkhwa are observing a province wide boycott of court proceedings on Tuesday after the KP Bar Council called a strike against a Federal Constitutional Court (FCC) order suspending certain proceedings under Article 199 of the Constitution.
The Bar Council announced the protest after an emergency general body meeting chaired by its vice chairman, Muhammad Rafiq Mohmand, on November 7.
The meeting expressed serious reservations about the FCC’s November 5 ruling, arguing that restrictions on the Peshawar High Court’s constitutional jurisdiction could deprive citizens of an important legal remedy to protect their fundamental rights.
The council also decided to challenge the decision through legal proceedings and seek permission to join the case before the FCC.
Court order affects petitions filed after October 12
The controversy stems from an interim order issued by a two member FCC bench comprising Chief Justice Aminuddin Khan and Justice Aamer Farooq.
The court ruled that, after the deployment of armed forces in aid of civil power under Article 245, proceedings initiated before the Peshawar High Court under Article 199 on or after October 12 would remain suspended.
The ruling followed appeals filed by the KP government against high court orders regarding the detention of political workers under the Maintenance of Public Order Ordinance.
In compliance with the FCC ruling, the Peshawar High Court's administrative committee decided on November 6 not to proceed with the affected petitions. It also directed that new petitions under Article 199 be returned to applicants with instructions to approach the appropriate forum.
Bar Council warns of impact on fundamental rights
The KP Bar Council maintained that the restrictions would adversely affect citizens seeking judicial protection from administrative decisions and alleged unlawful detention.
The affected proceedings include petitions regarding emergency measures, the governor’s rule, detention orders, and other administrative actions.
The council formed a special panel of lawyers to pursue legal remedies before the Federal Constitutional Court.
It also opposed the imposition of emergency and the governor’s rule in KP, calling such measures undemocratic.
Separately, the FCC directed the provincial advocate general to submit a report identifying areas where military assistance to the civil administration was no longer needed, thereby creating scope to reconsider the restrictions.
The lawyers’ boycott is separate from the judicial suspension ordered by the FCC. While the strike concerns Tuesday’s court proceedings across KP, the court’s order specifically applies to constitutional petitions covered by its ruling.
The Bar Council maintained that it will continue pursuing legal remedies to restore the affected constitutional jurisdiction.
