PESHAWAR — The Peshawar High Court on Tuesday issued notices to the federal government, the attorney general and the advocate general on petitions challenging the emergency and governor’s rule in Khyber Pakhtunkhwa — the first major court hearing since the province was placed under direct federal control on October 11. A division bench of Justice Ijaz Anwar and Justice Muhammad Faheem Wali adjourned the case to November 10, after the petitioners’ lawyers argued the measures were unconstitutional.
PHC issues notices on K-P emergency and governor’s rule petitions
The petitions were filed by PTI Chairman Barrister Gohar Ali Khan and NDM leaders including Mohsin Dawar, who argue the government had not lost control and that the measures amount to an attack on provincial autonomy and democracy.
Barrister Sameer Khosa told the court that chief minister Sohail Afridi and assembly speaker Babar Saleem Swati were missing and their whereabouts unknown — and confirmed the petition sought their production or recovery. Citing the Supreme Court’s Pir Sabir Shah judgment, he said a chief minister and cabinet continue to function even under an emergency, yet here they had been rendered inactive; he urged the court to restore the assembly and secure their release.
PTI Secretary General Salman Akram Raja urged the court to declare the measures illegal and restore the assembly, saying an emergency needed a provincial assembly resolution and governor’s rule was only justified if the government could not function. Advocate Muazzam Butt added that the constitutional provisions invoked had not been followed, and asked where the governor’s report was on which the president reportedly based governor’s rule.
Bench declines immediate interim relief
When Raja asked the court to also pass an order on interim relief, the bench declined to act immediately. “We will examine it and pass an order,” Justice Anwar said, according to the Express Tribune. UrduPoint separately reported the court rejected the plea for immediate relief — also declining Gohar’s requests to stop alleged retaliatory measures and to bring the date forward. The case was adjourned to Tuesday, November 10.
Afridi, Swati recovery petitions adjourned to October 30
A separate bench took up petitions seeking the recovery of Afridi, Speaker Swati and PTI provincial president Junaid Akbar. Justices Arshad Ali and Farah Jamshed were told more than 10 days had passed since the two officeholders went missing; they sought replies from the provincial and Peshawar police chiefs and adjourned to Friday, October 30 — two days for replies in the chief minister’s case, ten in the others.
Reaction outside the court
Speaking to reporters outside the court, Gohar called the measures undemocratic and unconstitutional. “We had our own government, and our mandate was snatched away,” he said, alleging 12 MNAs and 14 MPAs had been picked up. Opposition leader Mahmood Khan Achakzai said decisions should be made through the courts: “If that does not happen, matters will move to the streets,” he said, calling for peaceful protests.
Background: October 11 imposition, parliamentary ratification
The federal government imposed the measures on October 11 amid heightened political tensions. Gohar later moved to amend his petition to challenge the parliamentary resolutions endorsing the emergency — the October 14 and 15 ratification reported earlier by GlobalDeskNews — arguing the presidential action under Article 234 was unconstitutional and that Article 232 needed a provincial assembly resolution, which the K-P Assembly never passed.
Why it matters
This is the first substantive judicial scrutiny of the emergency and governor’s rule — and of the missing chief minister and speaker — since the province came under federal control. The petitions will decide whether Articles 232 and 234 let the Centre displace an elected provincial government on security grounds, or whether the high court restores the assembly.
What happens next
The federal government and law officers must file replies before November 10, when the bench is expected to pass a written order on interim relief. On October 30, the second bench takes up the recovery petitions, with the police required to answer where Afridi, Swati and Akbar are.
Key Takeaways
- The high court issued notices to the federal government, the attorney general and the advocate general on petitions challenging the K-P emergency and governor’s rule.
- Justice Ijaz Anwar and Justice Muhammad Faheem Wali adjourned the case to November 10, declining immediate interim orders; the petitioners call the October 11 measures unconstitutional.
- A second bench heard recovery petitions for missing chief minister Sohail Afridi and speaker Babar Saleem Swati, adjourning to October 30.
- The case tests whether Articles 232 and 234 let the Centre displace an elected provincial government on security grounds.
Frequently asked questions
What did the high court decide on Tuesday?
It issued notices to the federal government, the attorney general and the advocate general on the petitions challenging the emergency and governor’s rule, adjourning the case to November 10 — declining immediate interim orders, with a written order to follow.
Who filed the petitions?
PTI Chairman Barrister Gohar Ali Khan and leaders of the National Democratic Movement, including Mohsin Dawar, filed them. They argue the October 11 measures were unconstitutional, did not meet the legal requirements, and amounted to an attack on provincial autonomy and democracy.
Why is the emergency challenged as unconstitutional?
The lawyers argue the government had not lost control; that Article 232 needed a resolution of the provincial assembly for an emergency on internal-disturbance grounds, which the K-P Assembly never passed; and that governor’s rule needed a government unable to function.
What is the recovery case about?
Separate petitions seek the recovery of chief minister Sohail Afridi, speaker Babar Saleem Swati and PTI provincial president Junaid Akbar, who the petitioners say are missing. A second bench sought replies from the police chiefs and adjourned to October 30.
When are the next hearings?
The recovery petitions return on Friday, October 30, with police replies due beforehand. The main constitutional petitions are back before the division bench on Tuesday, November 10, when the bench’s written order on the interim relief request is also expected.
Sources
- Express Tribune — “PHC seeks replies from Centre on K-P governor’s rule, emergency” (20 October 2026)
- UrduPoint — “Replies Sought Within 10 Days In Sohail Afridi, Assembly Speaker Recovery Case” (20 October 2026)
- Dawn — “PHC to hear PTI chairman’s plea against emergency, governor’s rule in KP on Oct 20” (background, 17 October 2026)
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By GlobalDeskNews Staff