PTI challenges Khyber Pakhtunkhwa emergency and governor's rule; hearing set for Oct. 20

Pakistan's federal government imposed an emergency and governor's rule in Khyber Pakhtunkhwa (KP) on Sunday, October 11, and the Pakistan Tehreek-e-Insaf (PTI) has asked the Peshawar High Court to set the order aside. Dawn reported that a preliminary hearing is fixed for October 20.

What was imposed

Geo News reported that President Asif Ali Zardari proclaimed the emergency and governor's rule on the advice of Prime Minister Shehbaz Sharif, citing the province's worsening security situation. The presidency said the decision rested on Articles 232 and 234 of the Constitution and followed federal cabinet recommendations and law-and-order reports from security institutions. Geo reported that Minister of State for Interior Talal Chaudhry told Reuters that KP Chief Minister Sohail Afridi and some cabinet members were taken into preventive custody, that anyone facing cases would be charged and tried, and that the rest would be released.

Dawn reported that an 11-member advisory council was formed to assist Governor Faisal Karim Kundi.

The government's reasons

Geo reported that on October 13 Law Minister Azam Nazeer Tarar said no elected government had been overthrown, that terrorism in KP had risen in recent years, and that political motives were not behind the decision. Information Minister Attaullah Tarar alleged that the chief minister had refused an agreed counterterrorism arrangement and was unwilling to adopt a coordinated strategy. These are the ministers' statements; the report did not include a point-by-point reply from PTI.

The legal challenge

Dawn reported that PTI Chairman Gohar Ali Khan filed the petition on October 14 under Article 199. Its grounds, as Dawn summarized them, include that the proclamation does not cite the war or external aggression that Article 232(1) requires, that the security rationale lacks an objective basis and is a pretext, and that the legislative powers were moved to Parliament without a prior assembly resolution. It asks the court to void the proclamation and the army deployment order, and to order the release of Afridi and other detained members. Dawn said petitions from the National Democratic Movement and an opposition alliance were also before the court, with the former fixed for October 20.

Parliament and the opposition

Geo reported that a joint sitting of Parliament on October 15 endorsed the emergency under Article 232(7) and the governor's rule under Article 234(3), and that the report did not give vote counts. It reported that the opposition alliance Tehreek Tahaffuz Aiyeen-e-Pakistan announced it was ending negotiations with the government over what it called unconstitutional steps. Gohar Ali Khan rejected claims that PTI supports terrorism. Prime Minister Sharif renewed an invitation to resume talks, according to Geo.

Geo also reported that Imran Khan's supporters had begun a march from Lakki Marwat on October 4 to demand his release and medical treatment, and that the two sides blamed each other for the breakdown of talks.