TTAP seeks judicial review of emergency, governor’s rule in KP

ISLAMABAD: The Tehreek-e-Tahafuz-e-Ayin-e-Pakistan (TTAP) has demanded a transparent judicial review of the constitutional basis for imposing an emergency and governor’s rule in Khyber-Pakhtunkhwa (K-P), warning that such measures threaten provincial autonomy, democratic principles and the public mandate.

The demand was made in a joint declaration issued on Monday by National Assembly Opposition Leader Mahmood Khan Achakzai, Senate Opposition Leader Allama Raja Nasir Abbas and former National Assembly speaker and Pakistan Tehreek-e-Insaf (PTI) leader Asad Qaiser following consultations on the country’s political and constitutional situation.

The opposition alliance stressed that the legality of extraordinary governance arrangements must be examined by the judiciary. It maintained that the supremacy of the Constitution, provincial autonomy and parliamentary democracy should be protected under all circumstances.

The development comes after the Peshawar High Court (PHC) removed petitions challenging emergency measures, governor’s rule and detentions under the Maintenance of Public Order (3-MPO) ordinance from its cause list on November 7. The move followed a Federal Constitutional Court ruling that deprived the high court of jurisdiction over cases filed after October 12.

Earlier, the PHC had granted bail to 23 PTI workers detained under the ordinance and sought responses from the provincial governor and assembly speaker regarding the imposition of governor’s rule.

The declaration also expressed appreciation for Jamiat Ulema-e-Islam-Fazl chief Maulana Fazlur Rehman’s position on constitutional matters. It condemned attempts to target the dignity of political leaders and their families over political disagreements, describing such practices as inconsistent with democratic values.

The opposition alliance also raised concerns about the health of PTI founder Imran Khan and his wife, Bushra Bibi. It demanded the immediate release of their complete medical examination reports and called for the implementation of the Supreme Court’s decision to shift the former prime minister to Shifa International Hospital.

The declaration further stressed that Imran Khan should receive medical treatment in the presence of his personal physicians.

Addressing the arrests of PTI leaders following the party’s long march, the alliance sought an explanation from the government over the detention of suspended K-P Chief Minister Sohail Afridi and provincial assembly Speaker Babar Saleem Swati.

It demanded that all elected representatives be presented before the relevant courts and called for an end to what it described as politically motivated arrests and the denial of legal rights to political workers.

The alliance also demanded the immediate release of Imran Khan’s sisters, Aleema Khan, Uzma Khan and Noreen Niazi, along with other detained political workers.

It maintained that access to justice and the right to approach courts were fundamental constitutional guarantees that must be available to every citizen without discrimination.

Reaffirming its position, TTAP said it would continue its democratic struggle against political victimisation and measures it considers unconstitutional.

The alliance had formed a committee on November 5 to organise an upcoming All Parties Conference (APC). It also announced plans for countrywide protests against what it termed an undemocratic government.

President Asif Ali Zardari approved Prime Minister Shehbaz Sharif’s advice on October 11 to impose an emergency and governor’s rule in K-P under Articles 232 and 234 of the Constitution.

The federal government cited worsening security conditions, increasing terrorist attacks and the provincial administration’s alleged failure to cooperate effectively with federal authorities in counterterrorism operations as reasons for the decision.

Under the arrangement, executive powers were transferred to Governor Faisal Karim Kundi, who was to be assisted by an advisory council. Emergency measures were also introduced in 12 districts of the province.

The decision came amid growing tensions between the federal government and the PTI-led provincial administration, despite negotiations over a joint strategy to tackle terrorism.

The measures led to the removal of Sohail Afridi and his provincial cabinet, transferring executive authority to the governor. The PTI rejected the federal government’s justification and strongly opposed the constitutional measures.