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PESHAWAR, October 20, 2026: The Peshawar High Court (PHC) has issued notices to the federal government and other authorities on petitions challenging the imposition of emergency and governor’s rule in Khyber-Pakhtunkhwa (K-P).
A division bench comprising Justice Ijaz Anwar and Justice Muhammad Faheem Wali heard petitions filed by PTI Chairman Barrister Gohar Ali Khan and National Democratic Movement (NDM) leaders, including Mohsin Dawar.
The petitioners argued that the measures violated the Constitution and provincial autonomy. They also maintained that the authorities had failed to meet the legal requirements for imposing emergency and governor’s rule.
The court issued notices to the federal government, the attorney general, the advocate general and other relevant parties. It adjourned the hearing until November 10.
During the hearing, Barrister Sameer Khosa, counsel for the petitioners, argued that the provincial government had not lost control of K-P. He said the circumstances did not justify imposing emergency or governor’s rule.
Khosa also raised concerns about the whereabouts of Chief Minister Sohail Afridi and Provincial Assembly Speaker Babar Saleem Swati, saying both were missing.
Justice Ijaz Anwar asked whether the petition sought their production before the court or their recovery. “Yes, we have made that request in the petition,” Khosa replied.
Citing the Supreme Court’s judgment in the Pir Sabir Shah case, Khosa argued that the chief minister and provincial cabinet should continue to function even if an emergency is imposed.
He claimed that the chief minister, cabinet and advocate had been prevented from performing their duties. He urged the court to restore the provincial assembly and secure the release of Afridi and Swati.
PTI Secretary General Salman Akram Raja also challenged the measures. He argued that the authorities had imposed emergency and governor’s rule without fulfilling the constitutional requirements.
Raja maintained that Afridi remained the chief minister and that the provincial cabinet was still in place. He further argued that an emergency required a resolution from the provincial assembly.
According to Raja, governor’s rule could only be justified if the provincial government became unable to function.
He also alleged that authorities were violating the sanctity of homes and the privacy of residents in the province.
Another petitioner’s counsel, Advocate Muazzam Butt, questioned whether the authorities had followed the constitutional provisions for imposing emergency and governor’s rule.
Butt said the provincial assembly had not approved the emergency. He also questioned the absence of the governor’s report, which the president reportedly cited as the basis for imposing governor’s rule.
The lawyer asked the authorities to explain where the report was and what it contained.
“If they claim that terrorism has increased, there is an Apex Committee for that,” Butt said. He added that the committee included representatives of the provincial and federal governments, the governor and security forces.
After hearing the arguments, Justice Anwar said the court would issue notices to the relevant authorities.
Raja also requested an order on the interim relief sought by the petitioners. The court responded that it would examine the request and issue an order.
Speaking to reporters outside the high court, Barrister Gohar said the PTI had challenged both emergency and governor’s rule, describing the measures as undemocratic and unconstitutional.
He alleged that authorities continued to mistreat party workers despite the PTI’s support for efforts to combat terrorism.
“We had our own government, and our mandate was snatched away,” Gohar said.
He claimed that authorities had picked up 12 PTI members of the National Assembly and 14 members of the provincial assembly. He also alleged that officials were raiding party members’ homes and harassing them.
Furthermore, Gohar said authorities had demolished the office of a District Development Advisory Committee chairman and removed plaques marking development projects completed by the PTI.
He added that officials had transferred deputy commissioners, district police officers and staff at the advocate general’s office on October 11.
These claims were made by Gohar and were not independently verified in the information provided.
National Assembly opposition leader Mahmood Khan Achakzai called for disputes to be resolved through the courts. He warned that political tensions could spill onto the streets if legal avenues failed.
“We want decisions to be made in courts. If that does not happen, matters will move to the streets,” he said, urging peaceful protests against the government.
Achakzai recalled the difficulties involved in drafting the 1973 Constitution. He also referred to Article 58(2), which had led to the dissolution of four assemblies, and said the opposition had no personal enmity with Nawaz Sharif or Asif Ali Zardari.
He added that the K-P chief minister represented 40 million people and had been ridiculed.
Referring to protests over inflation in France, Achakzai said millions of people had taken to the streets, but French police had not fired a single bullet.
“We will also have to stage peaceful protests against this government,” he said, adding that the final phase of the struggle had begun.
The federal government imposed emergency and governor’s rule in K-P on October 11 amid heightened political tensions involving the PTI.
The decision triggered legal challenges from the party and other opposition figures, who questioned its constitutional basis.
Gohar later sought to amend his pending petition to challenge parliamentary resolutions passed by the National Assembly and Senate on October 14, followed by a joint sitting of parliament on October 15. Those resolutions endorsed the emergency.
The application argued that the president’s action under Article 234 of the Constitution was unconstitutional. It also maintained that subsequent parliamentary approval could not correct a failure to meet the initial constitutional requirements.
The petitioners argued that Article 232 required a provincial assembly resolution for an emergency imposed on the grounds of internal disturbance. They maintained that the K-P Assembly had not passed such a resolution.
Separately, petitions sought the recovery of Afridi, Speaker Babar Saleem Swati and PTI provincial president Junaid Akbar.
In Afridi’s case, the court issued notices to the government, police and other authorities, directing them to submit replies within two days. In the cases concerning Swati and Akbar, the court directed the authorities to respond within 10 days.
The PHC is scheduled to hear the challenge to emergency and governor’s rule again on November 10.
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