The Peshawar High Court has removed from its cause list every petition challenging the emergency and governor's rule in Khyber Pakhtunkhwa, meaning the hearing fixed for Tuesday, 10 November, will not go ahead as planned.

The court struck off the petitions on Saturday, 7 November, along with cases challenging arrests made under the three Maintenance of Public Order (MPO) ordinances, in compliance with directives from the Federal Constitutional Court. Around 105 petitions were removed from the 10 November schedule, including challenges to the emergency and governor's rule and petitions seeking the recovery of detained provincial leaders.

The Peshawar High Court's administrative committee issued a notification directing that no writ petition filed on or after 12 October be fixed for hearing. Petitions filed under Article 199 of the Constitution are to be returned to the petitioners, who have been advised to approach the appropriate forum for relief.

Why the petitions were struck off

The move followed a decision by the Federal Constitutional Court on 5 November. A two-member bench headed by Chief Justice Aminuddin Khan and comprising Justice Aamir Farooq held that the deployment of armed forces in Khyber Pakhtunkhwa under Article 245 restricted the Peshawar High Court's jurisdiction over cases filed after 12 October.

The constitutional court also directed the Khyber Pakhtunkhwa advocate general, Sanaullah Khan, to submit a report within seven days identifying areas where military assistance was no longer required, and said it could amend its order after receiving that report. The high court has not published its own directive, so the exact scope of the suspension remains open to interpretation.

What was removed from the list

Among the petitions removed were those seeking the recovery of Khyber Pakhtunkhwa Chief Minister Sohail Afridi, Provincial Assembly Speaker Babar Saleem Swati and Pakistan Tehreek-e-Insaf provincial president Junaid Akbar. Challenges to the emergency and governor's rule had been filed by PTI chairman Barrister Gohar Ali Khan, National Assembly opposition leader Mahmood Khan Achakzai, the Khyber Pakhtunkhwa Bar Council, National Democratic Movement chairman Mohsin Dawar and MNA Shandana Gulzar.

The emergency and governor's rule were imposed on 11 October, when President Asif Ali Zardari approved Prime Minister Shehbaz Sharif's advice under Articles 232 and 234 of the Constitution. Executive powers were transferred to Governor Faisal Karim Kundi, assisted by an advisory council, and emergency measures were imposed in 12 districts. The federal government cited the province's deteriorating security situation and concerns over counterterrorism efforts.

The hearing that will not happen

On 20 October, a two-member Peshawar High Court bench of Justice Ijaz Anwar and Justice Muhammad Faheem Wali heard preliminary arguments in several of the petitions, issued notices to the federal and provincial governments, the attorney general for Pakistan and the provincial advocate general, and adjourned proceedings until 10 November. That hearing will now not take place, with the cases falling within the Federal Constitutional Court's jurisdiction instead.

Opposition leaders have called for a transparent and impartial judicial review of the emergency and governor's rule, describing the measures as a serious blow to provincial autonomy and parliamentary democracy. For now, the petitioners have no hearing date in the Peshawar High Court, and the constitutional questions at the heart of the dispute remain unanswered. Sources: Khabr, reporting The Express Tribune; Daily Soon Times.