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
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. The federal government has defended the move, citing the security situation in Khyber Pakhtunkhwa, which has witnessed a surge in militant attacks in recent months.
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.
PTI chairman had earlier moved the Peshawar High Court challenging the emergency and sought to reinstate former chief minister Sohail Afridi and his cabinet.
