Peshawar High Court Removes Over 100 Petitions
The Peshawar High Court on Saturday removed around 105 petitions from its November 10 cause lists. These petitions challenged the imposition of emergency and governor's rule in Khyber Pakhtunkhwa. They also concerned the alleged illegal detention of dysfunctional Chief Minister Sohail Afridi and several PTI lawmakers, leaders, and workers.
Reason for Removal
The move came after the high court's administrative committee followed a restraining order from the Federal Constitutional Court (FCC). The committee decided not to proceed with petitions filed under Article 199 of the Constitution on or after October 12.
The FCC also decided not to accept fresh petitions. It asked petitioners to approach the appropriate forum.
FCC Order on Armed Forces
On November 5, a two-member FCC bench said that since armed forces were called to act in aid of civil power in the entire province of KP under the October 11 order, proceedings before the PHC under Article 199 on or after October 12 would remain suspended under Clause 4 of Article 245.
Step taken in light of Constitutional Court's restraining order
The FCC directed KP advocate general Sanaullah Khan to submit a report within seven days. The report must identify areas in the province where armed forces are no longer needed to act in aid of civil power.
The FCC said it might change its order under Article 245 after examining the report. Article 245 allows the deployment of armed forces in aid of civil power.
Important Petitions Deleted
The most significant deleted petitions challenged the imposition of emergency in KP under Articles 232 and 234 of the Constitution.
These petitions were filed by PTI chairman Barrister Gohar Ali Khan, leaders of Tehreek Tahafuz-i-Aeen Pakistan and the National Democratic Movement, the KP Bar Council, and others.
During the previous hearing on October 20, a two-member bench asked respondents, including the federal government, to give comments within a fortnight. The next hearing was fixed for November 10.
Detention Cases
Petitions challenging the alleged illegal detention or abduction of Sohail Afridi, KP Assembly Speaker Babar Saleem Swati, PTI provincial president Junaid Akbar, many lawmakers, and other PTI leaders and workers were also deleted.
Earlier, on October 20, the court issued notices to the KP chief secretary, home secretary, inspector general of police, and Peshawar Capital City Police Officer. They were directed to submit a detailed report within 10 days about the whereabouts of the chief minister and whether he had been arrested or involved in any criminal case.
The respondents did not submit the report on time. On November 3, a bench referred the matter to the chief justice and suggested forming a larger bench to hear it.
Other Removed Cases
Several petitions challenging detentions under the Maintenance of Public Order Ordinance, fixed for November 10, were deleted from the cause list.
The deleted petitions also included one filed by KP Assembly Deputy Speaker Suriya Bibi. She challenged the government's sealing of her official residence.
In that petition, the court had earlier ordered the de-sealing of her residence and allowed her to stay there. The government did not follow the order. On November 5, the court asked the government to explain why the order was not implemented.
Multiple petitions by property owners against the government's anti-encroachment operations in different areas were also de-listed.
Petitions about missing persons and cases filed by Afghan nationals seeking relief in the government's repatriation drive were also removed from the cause list.
Army Deployment in KP
The Interior Ministry issued an order on October 11 under Article 245 of the Constitution. It authorized the deployment of Pakistan Army troops in aid of civil power in KP for the duration of the proclamation issued under Articles 232 and 234.
Lawyers' Forum Response
The Insaf Lawyers Forum (ILF) said no judicial or administrative order should violate citizens' fundamental rights and constitutional protections.
It called limiting the fundamental rights of 45 million people in KP through a court order a serious blow to the supremacy of the Constitution, independence of the judiciary, and the right to justice.
ILF central information secretary Masooma Mir said Article 199 gives citizens a way to approach the high court. Articles 9, 10-A and 25 guarantee fundamental rights, including the right to life, fair trial, and equality.
She said protecting these rights is the responsibility of the state and the judiciary. Courts exist to protect citizens' constitutional rights, not to restrict their access to justice.
She urged the Pakistan Bar Council, KP Bar Council, Supreme Court Bar Association, and other lawyer bodies to play an active role in the current constitutional crisis to protect the rights of people in the province.
Published in Dawn, November 8th, 2026
Source: dawn