PESHAWAR: The Peshawar High Court (PHC) has removed approximately 105 petitions from its November 10 hearing schedule, including cases challenging the imposition of emergency and governor’s rule in Khyber Pakhtunkhwa (KP), along with petitions concerning the alleged detention of Chief Minister Sohail Afridi and several Pakistan Tehreek-e-Insaf (PTI) leaders.
The decision follows a restraining order issued by the Federal Constitutional Court (FCC), suspending proceedings initiated under Article 199 of the Constitution on or after October 12, 2026.
On November 5, a two-member FCC bench ruled that the deployment of armed forces in KP under Article 245 restricted the Peshawar High Court’s constitutional jurisdiction over the affected proceedings.
Following the ruling, the PHC administrative committee decided to suspend relevant hearings and direct new petitioners toward appropriate legal forums.
The FCC also instructed KP Advocate General Sanaullah Khan to submit a report within seven days identifying areas where military assistance was no longer required.
Among the removed petitions were cases challenging the alleged detention of Chief Minister Sohail Afridi, KP Assembly Speaker Babar Saleem Swati, PTI leader Junaid Akbar and several party workers.
Earlier, the high court had directed provincial authorities to clarify the whereabouts and legal status of the detained political figures.
However, the authorities reportedly failed to submit the requested information within the prescribed period, prompting consideration of a larger judicial bench.
Petitions filed by PTI Chairman Barrister Gohar Ali Khan, opposition representatives, political organisations and legal bodies challenging emergency measures and governor’s rule were also removed.
Additionally, cases involving missing persons, preventive detention, property disputes and Afghan nationals seeking relief against repatriation were affected.
The development has raised important questions about access to constitutional remedies during emergency measures.
Lawyers Raise Concerns Over Fundamental Rights
The Insaf Lawyers Forum (ILF) expressed serious concern over the restrictions, arguing that constitutional protections and citizens’ access to justice must remain priorities.
ILF representative Masooma Mir emphasised that fundamental rights, including fair trial, equality and personal liberty, should be protected.
ALSO READ: KP Glove Scandal: Rs1b Corruption Exposed During PTI-Era Govt
The organisation urged legal associations to intervene and safeguard constitutional principles.
The situation represents a significant judicial development in KP, with the future of numerous pending cases depending on further constitutional interpretation and possible modifications to the FCC order.
