ISLAMABAD: The Federal Constitutional Court (FCC) on Thursday disposed of a petition seeking the disqualification of non-functional Khyber Pakhtunkhwa Chief Minister Sohail Afridi, ruling that the matter has become ineffective following the imposition of emergency and governor’s rule in the province.
A two-member bench comprising Chief Justice Aminuddin Khan and Justice Baqir Najafi heard the petition filed by MNA Sher Afzal Marwat.
Chief Justice Aminuddin Khan observed that Afridi no longer held the office of chief minister following the recent constitutional developments, leaving the petition as an academic question rather than an active legal issue.
The chief justice said the petition could not proceed under the changed circumstances but indicated that Marwat could seek its restoration if Afridi returned to office.
“Once the chief minister is restored, you can file a miscellaneous application to revive the petition,” the chief justice told Marwat.
Marwat seeks time to challenge emergency
During the hearing, Marwat requested a short adjournment, telling the court that he intended to challenge the imposition of emergency rule and governor’s rule in Khyber Pakhtunkhwa.
Justice Baqir Najafi observed that the imposition of emergency rule and governor’s rule constituted separate legal issues, adding that the case against Afridi was no longer an active matter.
Marwat argued that Afridi would be restored as chief minister if the emergency and governor’s rule were lifted.
However, Chief Justice Aminuddin Khan reiterated that Afridi did not currently hold the office and that the petition could be revived if he returned to the position.
The court subsequently disposed of the petition as having become ineffective.
The petition had sought the annulment of what Marwat described as the forced resignation of former chief minister Ali Amin Gandapur and the allegedly unconstitutional appointment of Afridi. It also sought Gandapur’s restoration to the office of chief minister.
KP under emergency, governor’s rule
The court proceedings come days after the federal government imposed emergency rule and governor’s rule in Khyber Pakhtunkhwa on October 11.
President Asif Ali Zardari issued the proclamations under Articles 232 and 234 of the Constitution, respectively.
Addressing a joint news conference in Islamabad, Law Minister Azam Nazeer Tarar said the provincial government led by Afridi had ceased to function under the new constitutional arrangement.
The powers previously exercised by the chief minister, provincial cabinet and advisers were transferred to Governor Faisal Karim Kundi.
State Minister for Interior Talal Chaudhry subsequently confirmed to Reuters that Afridi and some members of his cabinet had been taken into “preventive custody” following the imposition of emergency rule.
PAK SOUCH MEDIA GROUP
Daily Pak Souch Newspaper Sukkur – Daily Pak Special Newspaper Karachi – Daily Pak Today Newspaper Karachi – Daily Pak Jazbo Newspaper Sukkur
Head Office : Ayub Gate Shaikh Muhalla Near Rabbania Masjid Sukkur
Karachi Office : Office No. 1901-B, 19th Floor Saima Trade Tower (B) Block I.I Chandigarh Road Near Jung Press, Shaheen Complex & National Museum of Pakistan Karachi Sindh Pakistan.
Contact : 03009319022
Website 1 : https://paksouch.com/
Website 2 : https://sindhi.paksouch.com/
Website 3 : https://pakjazbo.com/
Website 4 : https://urdu.pakjazbo.com/
About The Author
