The Peshawar High Court has effectively struck all legal challenges to the emergency and governor’s rule in Khyber Pakhtunkhwa from its docket, a move that follows decisive intervention from the country’s highest judicial authority. In a formal notification, the PHC’s Administrative Committee removed all writ petitions challenging the extraordinary measures, including those seeking the recovery of top provincial officials, complying with a sweeping directive from the Federal Constitutional Court, The Express Tribune reported.
FCC Suspends PHC Jurisdiction, Citing Constitutional Bar
This latest development is the direct result of a series of orders from the FCC, which systematically stripped the PHC of its authority to hear cases related to the post-October 12 situation in K-P. On November 5, the FCC barred the PHC from hearing petitions concerning arrests under the Maintenance of Public Order (MPO) Ordinance. The day before, it had removed the provincial court’s jurisdiction over challenges to the emergency and governor’s rule itself.
The FCC’s actions were triggered by the PHC’s own decision to grant bail to 23 Pakistan Tehreek-e-Insaf (PTI) workers who had been arrested under Section 3 of the MPO Ordinance. The federal court’s two-judge bench, headed by Chief Justice Aminuddin Khan and including Justice Aamer Farooq, issued a stay order, suspending the PHC’s directions and effectively allowing the preventive detentions to continue.
Federal Constitutional Court has restrained Peshawar High Court from hearing petitions challenging arrests under Section 3 of Maintenance of Public Order (3-MPO) Ordinance, issuing a stay order on an appeal filed by the KP governt. Read more: https://t.co/znuA7DdzRU#PHC #FCC
“Since the armed forces have been called to act in aid of civil power in the entire province of KP pursuant to the Oct 11 order … the proceedings before the PHC instituted under Article 199 on or after Oct 12 shall, in terms of clause 4 of Article 245, remain suspended,” the FCC bench ordered, as reported by Dawn.
Article 245: The Constitutional Heart of the Dispute
The legal crux of the matter rests on Article 245 of the Constitution, a provision invoked by the federal government to justify the military’s involvement in the province. The Khyber Pakhtunkhwa advocate general argued before the FCC that a high court cannot exercise its jurisdiction under Article 199 in any area where the armed forces are acting in aid of civil power, a direct reference to clause 3 of the article.
The FCC observed that, “Prima facie, clause (3) of Article 245 is not an ouster clause of the nature that appears elsewhere in the Constitution.” The court clarified that the bar on the high court’s jurisdiction is intended for a particular, emergent, and temporary situation, lasting only as long as the armed forces are deployed in that capacity.
A Dozen Petitions Struck, Including High-Profile Cases
The PHC’s notification ensures that a significant list of petitions will no longer proceed. The list of petitions whose recovery was sought included those for K-P Chief Minister Sohail Afridi, Provincial Assembly Speaker Babar Saleem Swati, and PTI provincial president Junaid Akbar, all of whom were taken into custody after governor’s rule was put in place.
Several high-profile political figures had also challenged the emergency and governor’s rule directly in the PHC. The list of such challengers comprised PTI Chairman Barrister Gohar Ali Khan, National Assembly Opposition Leader Mahmood Khan Achakzai, the Khyber Pakhtunkhwa Bar Council, National Democratic Movement Chairman Mohsin Dawar, and Member of the National Assembly Shandana Gulzar.
“The PHC’s Administrative Committee issued a formal notification in compliance with the FCC’s orders, directing that no writ petitions filed on or after October 12 be fixed for hearing,” The Express Tribune stated. The committee advised petitioners to seek relief in forums designated by the FCC, effectively halting judicial scrutiny of the federal government’s actions at the provincial level.
The Rule’s Roots: Security and the Failure of Cooperation
The emergency and governor’s rule were imposed on October 11, 2026, after President Asif Ali Zardari approved Prime Minister Shehbaz Sharif’s advice, citing a deteriorating security situation and an alleged failure by the PTI-led provincial administration to cooperate with counter-terrorism efforts. The move transferred executive powers to Governor Faisal Karim Kundi and placed the province under the direct control of the federal government.
The legal and political ramifications of this decision are unfolding in real-time.
With the PHC effectively sidelined, all eyes are now on the Federal Constitutional Court, which has adjourned the related proceedings indefinitely.
The court has issued notices to all relevant parties, including the Attorney General for Pakistan, and has set a seven-day deadline for the KP advocate general to provide a detailed response to the legal challenges against the suspension of the PHC’s orders.
