PHC removes KP emergency and detention petitions from Nov 10 list

The Peshawar High Court has removed about 105 petitions from its November 10 cause lists, including challenges to the emergency and governor’s rule in Khyber Pakhtunkhwa and petitions concerning the alleged detention of provincial political figures and workers.

The court’s administrative committee took the step after a restraining order issued by the Federal Constitutional Court. The order affected petitions filed under Article 199 of the Constitution on or after October 12.

The Federal Constitutional Court had directed that such proceedings remain suspended while armed forces were acting in aid of civil power in the province under Article 245. It also said fresh petitions falling within the scope of its order should not be entertained and should instead be returned to petitioners for filing before the appropriate forum.

Among the petitions removed were challenges to the emergency imposed in the province under Articles 232 and 234. The affected cases included petitions filed by PTI Chairman Barrister Gohar Ali Khan, Tehreek Tahafuz-i-Aeen Pakistan, the National Democratic Movement and the KP Bar Council.

Petitions concerning the alleged detention or abduction of Chief Minister Sohail Afridi, Assembly Speaker Babar Saleem Swati, PTI provincial president Junaid Akbar, lawmakers and party workers were also removed. In earlier proceedings, notices had been issued to provincial authorities seeking information on the whereabouts of the individuals named in the petitions.

Other matters de-listed included petitions challenging detention orders under the Maintenance of Public Order Ordinance, a case concerning the sealing of the KP Assembly deputy speaker’s official residence, anti-encroachment disputes, missing-persons petitions and cases filed by Afghan nationals seeking relief in the repatriation drive.

The Federal Constitutional Court has sought a report from the KP advocate general identifying areas where the armed forces are no longer required to assist civil authorities. It said the report could be considered in deciding whether its order should be modified.