• Petitioner asks apex court to restore Afridi, provincial cabinet and assembly
• PHC issues notices to federal, provincial govts in pleas against emergency, governor’s rule
• Barrister Gohar tells court 26 PTI lawmakers ‘picked up’, raids being conducted to harass others

ISLAMABAD/PESHAWAR: A lawyer on Tuesday approached the Federal Constitutional Court (FCC) challenging the Oct 11 proclamation of emergency in Khyber Pakhtunkhwa under Article 232 and governor’s rule under Article 234.

Advocate Muhammad Yousaf Javaid, who challenged the proclamation of emergency and governor’s rule, also sought to suspend the operation of Oct 11 Notification No. 2-2/2026 and restrain authorities from making appointments or legislation in respect of KP.

The petitioner moved the petition under Article 175(E), asking the FCC to allow the currently ‘non-functional’ chief minister Sohail Afridi, his cabinet and the provincial assembly to continue functioning.

The petitioner named the federal government, the governors of KP and Balochistan, and the federal law ministry as respondents, among others.

The petition pleaded that the Oct 11 notification was in violation of Articles 2A, 5, 10A, 17, 19, 19A and 25 of the Constitution and that the FCC should order respondents to withdraw the proclamation forthwith and restore the CM, his cabinet, and the KP assembly.

The petitioner also asked the top court to declare that all steps made pursuant to the proclamation were of no legal effect, save only acts done in accordance with the Constitution that were required for ordinary orderly functions.

Pending final disposal, the petition requested the FCC to suspend the operation of the Oct 11 notification and restrain respondents from acting upon it, including by making appointments or legislation in respect of the province.

The petition argued that in the 1993 Muhammad Nawaz Sharif case, the eleven-judge Supreme Court bench had held, by a majority of ten to one, that a petition under Article 184(3) (now omitted) against the unlawful dismissal of an elected government was maintainable.

PHC issues notices to federal, KP govts

Separately, the Peshawar High Court has issued notices to the federal and provincial governments over multiple petitions challenging the imposition of emergency and governor’s rule.

A bench consisting of Justice Ijaz Anwar and Justice Muhammad Faheem Wali fixed Nov 10 for the next hearing after preliminary arguments. The bench pronounced that it would release its order afterwards, adding that notices would also be issued to the attorney general for Pakistan and the KP advocate general.

The main petition was that of PTI Chairman Barrister Gohar Ali Khan. Barrister Sameer Khosa argued that a resolution passed by the provincial assembly was mandatory for imposing governor’s rule and an emergency in the province. However, no approval was obtained from the provincial assembly, he argued.

He pointed out that the speaker of the provincial assembly as well as the CM were missing and there was no trace of where they were. The bench inquired whether they had requested in the petition for them to be presented or recovered. “Yes, we have made that request in this application,” replied the counsel.

He referred to the SC judgement in the case of former chief minister Pir Sabir Shah, stating that the court established the principle that in case an emergency is imposed, the CM and the cabinet will continue to function.

Lawyer Salman Akram Raja also argued that the emergency was imposed in the province without fulfilling legal requirements.

Barrister Gohar also addressed the bench, claiming that 12 MNAs and 14 MPAs have been picked up. “Raids are being conducted at the houses of our members; they are being harassed,” he claimed.

Advocate Muazzam Butt appeared for the petitioner Shandana Gulzar and argued that for the imposition of emergency, a resolution from the provincial assembly was necessary, but such approval was not taken.

He argued that under the National Action Plan, an apex committee had been formed comprising all stakeholders.

“The apex committee will determine whether terrorism has increased or not and the committee members will decide how to look at terrorism,” said Mr Butt.

He maintained that responsibility for terrorism couldn’t be pinned on the provincial government in the presence of the apex committee.

In the KP Bar Council plea, Advocate Babar Khan Yousafzai adopted the arguments advanced by Barrister Gohar’s counsel. He also requested that the emergency and the governor’s rule be declared unconstitutional.

Another petitioner, Advocate Qaiser Shah, supported the imposition of emergency, but opposed the proclamation to the extent of governor’s rule under Article 234 of the Constitution.

Other opposition leaders, including TTAP Chairman Mahmood Khan Achakzai, Raja Nasir Abbas, Balochistan National Party-Mengal chief Sardar Akhtar Mengal, Mohsin Dawar, and others, have also filed petitions.

Published in Dawn, October 21st, 2026