PESHAWAR: A writ petition has been filed in the Peshawar High Court (PHC) challenging the imposition of an emergency and Governor’s Rule in Khyber Pakhtunkhwa, terming the measures unconstitutional and illegal.
The petition, filed by lawyer Salman Khan, names the president, prime minister and Khyber Pakhtunkhwa governor as respondents.
The petitioner argued that the imposition of an emergency and Governor’s Rule in the province was unconstitutional, illegal and motivated by mala fide intentions, adding that the measures violated fundamental rights and the democratic mandate.
The petition requests the court to declare the imposition of the emergency and Governor’s Rule unlawful and set aside the relevant measures.
It also seeks suspension of the proclamation imposing Governor’s Rule until a final decision on the petition.
The petitioner further stated that road closures following the imposition of the emergency and Governor’s Rule had caused difficulties for the public.
According to the petition, the closures had also prevented people from reaching the Peshawar High Court and district courts.
The development comes amid heightened political tensions following the imposition of Governor’s Rule and an emergency in Khyber Pakhtunkhwa.
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President Asif Ali Zardari approved the measures on the advice of Prime Minister Shehbaz Sharif under Articles 232 and 234 of the Constitution.
Separately, Federal Minister for Parliamentary Affairs Dr Tariq Fazal Chaudhry said on Monday that Pakistan Tehreek-e-Insaf (PTI) could challenge the imposition of an emergency and Governor’s Rule in court if it had reservations about the decision.
Speaking to the media, Chaudhry said parliament would examine the constitutional validity of the emergency. He attributed the decision to what he described as PTI’s failure to cooperate with the federal government on counterterrorism efforts.
He said the federal government had sought the provincial government’s cooperation in combating terrorism but alleged that obstacles had been created in the process.
