Peshawar, Incarcerated former prime minister Imran Khan’s party on Monday filed an amended petition in the Peshawar High Court, challenging the imposition of emergency and governor’s rule in Khyber Pakhtunkhwa on constitutional grounds
President Asif Ali Zardari on October 11 proclaimed an emergency under Article 232 and imposed governor’s rule under Article 234 of the Constitution, with the federal government accusing the PTI-led provincial administration of failing to effectively tackle rising militancy.
The Khyber Pakhtunkhwa Assembly had not passed any resolution in favour of imposing an emergency, rendering the declaration constitutionally questionable, according to the latest petition. The amended petition, filed by party chairman Barrister Gohar Ali Khan, argued that declaring an emergency without a provincial assembly resolution violated constitutional requirements. The amended petition was filed days after both houses of Pakistan’s Parliament approved resolutions endorsing the emergency in Khyber Pakhtunkhwa. The petition further argued that subsequent approval by the National Assembly, Senate or a joint sitting of Parliament could not substitute for the constitutionally required resolution of the provincial assembly.
PTI chairman had earlier moved the Peshawar High Court challenging the emergency and sought to reinstate former chief minister Sohail Afridi and his cabinet.
The National Assembly and the Senate passed the resolutions on October 14 amid strong opposition from PTI lawmakers, who criticised the move and staged a walkout.
