A lawyer has asked the Federal Constitutional Court to withdraw the Khyber Pakhtunkhwa emergency proclamation issued on October 11, along with the governor's rule that followed it, and to restore the provincial chief minister, his cabinet and the provincial assembly. Advocate Muhammad Yousaf Javaid filed the petition on Tuesday under Article 175(E) of the Constitution. Separately, the Peshawar High Court has issued notices to the federal and provincial governments on several petitions against the emergency and governor's rule.
The petition before the court
The petition asks the court to suspend the October 11 notification, numbered 2-2/2026, until the case is finally decided. It also seeks an order stopping the authorities from making appointments or legislation for the province in the meantime. Chief Minister Sohail Afridi, whom the petition describes as currently non-functional, is among those who should be allowed to continue with his cabinet and the assembly.
Javeid named the federal government, the governors of Khyber Pakhtunkhwa and Balochistan, and the federal law ministry as respondents, among others. He argued that the notification violates several articles of the Constitution, including those on freedom of association, freedom of speech, access to information and equality before the law. He also asked the court to declare that all steps taken under the proclamation have no legal effect, except acts needed for the ordinary functioning of government.
To support the request, the petition cites the 1993 Muhammad Nawaz Sharif case. In that case, an eleven-judge Supreme Court bench held by a majority of ten to one that a petition under Article 184(3) against the unlawful dismissal of an elected government was maintainable. Article 184(3), the Supreme Court's original jurisdiction provision, has since been omitted from the Constitution.
Arguments in the Peshawar High Court
A bench of Justice Ijaz Anwar and Justice Muhammad Faheem Wali fixed November 10 for the next hearing after preliminary arguments. The bench said it would issue its order later and that notices would also go to the attorney general for Pakistan and the Khyber Pakhtunkhwa advocate general.
The main petition was filed by Barrister Gohar Ali Khan, chairman of Pakistan Tehreek-e-Insaf. His counsel, Barrister Sameer Khosa, argued that a resolution of the provincial assembly is mandatory before governor's rule or an emergency can be imposed, and that no such approval was obtained. He said the speaker of the provincial assembly and the chief minister were missing and their whereabouts were unknown, and the petition asks for them to be presented or recovered. Khosa also cited a Supreme Court judgement in the case of former chief minister Pir Sabir Shah, which he said holds that the chief minister and cabinet continue to function when an emergency is imposed.
Advocate Salman Akram Raja argued that the emergency was imposed without fulfilling legal requirements. Advocate Muazzam Butt, appearing for petitioner Shandana Gulzar, said an assembly resolution was needed and was not taken. He added that the National Action Plan, Pakistan's counter-terrorism framework, provides for an apex committee of all stakeholders, which he said should decide whether terrorism has increased. He maintained that responsibility for terrorism could not be placed on the provincial government while that committee exists.
Advocate Babar Khan Yousafzai, appearing for the Khyber Pakhtunkhwa Bar Council, adopted the arguments of Barrister Gohar's counsel and asked the court to declare the emergency and governor's rule unconstitutional. Advocate Qaiser Shah backed the emergency but opposed governor's rule under Article 234. Opposition leaders, including Mahmood Khan Achakzai, chairman of TTAP, Raja Nasir Abbas, Sardar Akhtar Mengal of the Balochistan National Party-Mengal, and Mohsin Dawar, have also filed petitions.
Barrister Gohar also told the bench that 12 National Assembly members and 14 provincial assembly members had been picked up, and that raids were being carried out at the homes of party members to harass them. These claims were made in court by the petitioner's counsel and remain unconfirmed.
Timeline: what has happened so far
- October 11: A proclamation of emergency in Khyber Pakhtunkhwa under Article 232, along with governor's rule under Article 234, is issued as Notification No. 2-2/2026.
- Tuesday: Advocate Muhammad Yousaf Javaid files a petition in the Federal Constitutional Court seeking withdrawal of the notification and restoration of the chief minister, cabinet and assembly.
- Later: The Peshawar High Court issues notices to the federal and provincial governments on multiple petitions against the Khyber Pakhtunkhwa emergency and governor's rule.
- November 10: The Peshawar High Court is scheduled to hear the case again, and the bench has said it will release its order afterwards.
Aasan alfaaz mein
Khyber Pakhtunkhwa mein 11 October ko emergency aur governor's rule ka notification jari hua, aur ek vakeel ne Federal Constitutional Court mein is faisle ko chunauti di hai. Petition mein maang ki gayi hai ke wazir-e-aala Sohail Afridi, unki cabinet aur assembly bahal ki jayen. Peshawar High Court mein bhi kai petitions par notices jari hue hain aur agli sunwai 10 November ko hogi. Aam logon ke liye iska matlab hai ke province ki hukoomat ka faisla adaalat ke nateeje par munhasir hai.
