FCC disposes of plea against Sohail Afridi’s appointment

The Federal Constitutional Court (FCC) on Thursday disposed of a petition challenging the appointment of Sohail Afridi as Khyber Pakhtunkhwa chief minister, ruling that the case had become infructuous following the imposition of emergency and governor’s rule in the province.

A two-member bench, headed by Chief Justice Aminuddin Khan and comprising Justice Ali Baqar Najafi, heard the petition filed by former Pakistan Tehreek-e-Insaf (PTI) leader Sher Afzal Marwat. The case challenged the circumstances surrounding the resignation of former KP chief minister Ali Amin Gandapur and Afridi’s subsequent appointment.

During the hearing, Chief Justice Aminuddin Khan questioned whether the proceedings could continue in light of the latest developments in the province. He observed that Afridi no longer held the office of chief minister following the imposition of governor’s rule.

Marwat requested a brief adjournment, saying he intended to challenge the federal government’s decision to impose emergency and governor’s rule. However, Justice Najafi observed that the petition concerning Afridi’s appointment was no longer an active matter and that the constitutional measures imposed in the province involved separate issues.

The chief justice said Marwat could submit a miscellaneous application to revive the petition if Afridi was restored to office in the future. The court subsequently disposed of the case.

Speaking to reporters after the hearing, Marwat announced that he would challenge the imposition of emergency and governor’s rule in court. He said he was preparing the necessary legal documents and would compile evidence to support his challenge.

Marwat also rejected allegations that PTI had supported terrorism. He argued that party leaders were elected representatives who had themselves faced threats and attacks. Responding to criticism over their absence from the funerals of victims of terrorist attacks, he said security concerns and threats on social media had contributed to their decisions.

He also offered to lead the party if its existing leadership was unable to perform its responsibilities.

The petition originated from a dispute over Gandapur’s resignation in October 2025. Marwat had argued that the resignation letters submitted on October 8 and 11 were not voluntary and had allegedly been influenced by directions from jailed PTI founder Imran Khan.

The petitioner maintained that Khan’s conviction and alleged constitutional disqualification under Articles 62 and 63 meant he could not lawfully exercise authority over state officials or issue binding directions affecting the provincial government.

Marwat had asked the court to invalidate the actions taken following Gandapur’s resignation, including the notification issued on October 15, 2025, concerning Afridi’s appointment and continuation in office. He also sought Gandapur’s restoration as chief minister.

The petition raised broader constitutional questions about the independence of elected provincial institutions, the authority of disqualified individuals to influence government decisions and the protection of citizens’ political and fundamental rights.

However, the imposition of emergency and governor’s rule altered the circumstances surrounding the case, prompting the FCC to conclude that the challenge to Afridi’s appointment no longer required adjudication at this stage.

The federal government imposed emergency under Article 232 and governor’s rule under Article 234 earlier this week, citing concerns over the provincial administration’s response to terrorism. PTI has opposed the decision, while Afridi and some members of his cabinet have reportedly been held in preventive custody.