Peshawar High Court Removes Petitions Following Constitutional Court Order
Judicial proceedings suspended in Khyber Pakhtunkhwa amid military deployment and emergency measures.
1Mass Removal of Petitions
The Peshawar High Court removed 105 petitions from its November 10 cause list following a directive from the Federal Constitutional Court. This administrative action halts legal challenges filed under Article 199 on or after October 12. The move directly impacts cases concerning emergency rule and the detention of provincial political leaders.
2Military Deployment Triggers Suspension
The suspension stems from an October 11 order authorizing the Pakistan Army to assist civil power in Khyber Pakhtunkhwa. Under Clause 4 of Article 245 of the Constitution, judicial proceedings are restricted when armed forces are deployed. The Federal Constitutional Court mandated this pause to align with current provincial security protocols.
3High-Profile Detention Challenges Stalled
Petitions regarding the detention of Chief Minister Sohail Afridi and Speaker Babar Saleem Swati were among those removed. The court had previously issued notices to the Inspector General of Police and other officials demanding reports on their whereabouts. These officials failed to submit the required documentation before the latest judicial suspension.
4Emergency Rule Petitions Deleted
Legal challenges against the imposition of emergency rule under Articles 232 and 234 were effectively sidelined. These petitions, filed by various political figures and the KP Bar Council, sought to contest the government's executive actions. The court had initially requested comments from the federal government before the recent suspension order intervened.
5Impact on Routine Legal Matters
Beyond political cases, the removal affects numerous routine matters, including property disputes and anti-encroachment operations. Deputy Speaker Suriya Bibi’s petition regarding the sealing of her residence was also de-listed, despite previous interim relief granted by the court. The government had failed to comply with earlier orders to de-seal the property.
6Missing Persons and Repatriation Cases
The suspension extends to sensitive cases involving missing persons and Afghan nationals facing repatriation. These individuals are now unable to pursue legal remedies through the high court as the administrative freeze remains in place. The court has directed the advocate general to identify areas where military assistance is no longer required.
7Legal Community Expresses Concern
The Insaf Lawyers Forum criticized the suspension, labeling it a severe blow to the supremacy of the Constitution. They argued that restricting access to justice for 45 million people violates fundamental rights guaranteed under Articles 9 and 10-A. Lawyer bodies are now being urged to intervene to protect judicial independence.
8Future Judicial Oversight Uncertain
The Federal Constitutional Court may reconsider its suspension order after reviewing a report from the advocate general on military necessity. Until then, the judiciary's ability to provide oversight in Khyber Pakhtunkhwa remains severely constrained. The situation highlights a deepening constitutional crisis regarding the balance between civil rights and military-backed governance.
Original article: Dawn — Peshawar High Court Removes Petitions Following Constitutional Court Order