KP Lawyers Strike Over Court Order Curbing PHC Powers

Lawyers across Khyber Pakhtunkhwa went on strike on Tuesday, 10 November 2026, in protest at an order of the Federal Constitutional Court that has curtailed the constitutional jurisdiction of the Peshawar High Court.
The province-wide strike, called by the Khyber Pakhtunkhwa Bar Council, disrupted proceedings in courts across the province, and many cases could not be heard. The council said the court's decision was an injustice to the people of the province.
What the Federal Constitutional Court ordered
On 5 November, a two-member bench of the Federal Constitutional Court headed by Chief Justice Aminuddin Khan issued an order on appeals filed by the Khyber Pakhtunkhwa government against interim orders of the Peshawar High Court. Those interim orders had granted relief to political workers arrested under the Maintenance of Public Order law.
The court held that, since the armed forces had been called in to assist the civil administration in Khyber Pakhtunkhwa under an order dated 11 October, proceedings on constitutional petitions filed in the Peshawar High Court under Article 199 on or after 12 October would remain suspended under Clause 4 of Article 245 of the Constitution.
The court also directed the province's Advocate General to submit a report within seven days identifying the areas of Khyber Pakhtunkhwa where the armed forces were no longer required to act in aid of civil power.
Petitions removed from the hearing list
The Peshawar High Court's administrative committee then moved to implement the order, and around 105 petitions were removed from the court's 10 November hearing schedule. Among them were cases challenging the imposition of emergency and governor's rule in Khyber Pakhtunkhwa, along with petitions concerning the alleged detention of Chief Minister Sohail Afridi and several Pakistan Tehreek-e-Insaf leaders.
The high court had set 10 November to hear a plea by the PTI against the emergency measures. The petitions will not now be fixed for hearing, and new petitions filed under Article 199 are being turned away at the filing counter.
Bar Council to challenge the order
The Khyber Pakhtunkhwa Bar Council decided at a general body meeting chaired by its Vice-Chairman, Advocate Muhammad Rafiq Mohmand, to observe the strike and to challenge the order through legal channels. The council announced that it would file an application seeking to become a party to the case before the Federal Constitutional Court, and a special panel of lawyers has been constituted to pursue the matter.
Council member Babar Khan Yousafzai said the Bar Council had taken the matter extremely seriously. The Peshawar High Court Bar Association has also called a meeting to consider the situation.
PTI Chairman Barrister Gohar Ali Khan has announced that the party will challenge the order as well. The Insaf Lawyers Forum has expressed concern about the restrictions, arguing that constitutional protections and citizens' access to justice must remain priorities.
Why Article 199 matters
Article 199 is the provision through which a high court hears complaints against administrative action, including unlawful detention, and issues directions to public authorities. For detainees and petitioners in Khyber Pakhtunkhwa, there is for now no high court hearing to wait for while the suspension remains in force.
The strike is the latest flashpoint in a wider confrontation over the emergency measures in the province, and lawyers say they will continue to press the matter before the Federal Constitutional Court.