ISLAMABAD: Jailed former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party on Saturday dared the federal government, led by Prime Minister Shehbaz Sharif, to impose governor’s rule in the Khyber Pakhtunkhwa (KP) province, which the PTI has been ruling for the last more than 10 years.
In Pakistan, the federal government can impose the governor’s rule in a province and hand over all administrative powers to the governor, a representative of the federation, for up to six months in case the provincial government fails to tackle a “grave emergency.” Under the governor’s rule, the provincial chief minister and his cabinet lose all administrative powers and virtually stand suspended.
The development comes amid heightened tensions between the KP government, led by Khan’s party, and the federation following violent protests in Islamabad this week by PTI supporters, who sought to pressure the central government to release Khan from jail. The protests resulted in clashes that Pakistan’s government said killed three paramilitary soldiers and a police officer. The PTI says at least 20 of its supporters were killed after being shot by law enforcers, an allegation denied by authorities.
“We know the federal government is considering options to impose the governor’s rule in KP, but we warn them to refrain from this adventure,” Barrister Muhammad Ali Saif, the KP government spokesperson, told Arab News.
The statement came a day after local media widely reported that a majority of members in PM Sharif’s cabinet had supported the idea of imposing the governor’s rule in KP after the Islamabad protests.
Saif said the provincial government would “react strongly” to any such move as they had “multiple options” available to deal with it, including street protests.
“We will obviously move the courts against this illegal and unconstitutional move if imposed on us,” he added.
Under Article 232 of the Constitution of Pakistan, the president can issue a proclamation of emergency if he is satisfied that “a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control.”
The constitution says a resolution from the provincial assembly was required for the imposition of emergency, which the KP Assembly would not pass as Khan’s PTI has a two-third majority in the house.
“If the President acts on his own, the Proclamation of Emergency shall be placed before both Houses of Majlis-e-Shoora (Parliament) for approval by each House within ten days,” the article says.
Ahmed Bilal Mehboob, president of Pakistan Institution of Legislative Development (PILDAT) in Islamabad, said the coalition government of PM Sharif was in a position to impose the governor’s rule in KP as they had majority in both houses, the National Assembly and the Senate, of parliament to pass a resolution for the purpose.
“At the moment, sufficient justification is available for the federal government to declare emergency in the KP province following the violent protests in Islamabad,” he told Arab News.
As per the constitution, Mehboob said, the federal government could impose the governor’s rule only for a maximum of six months, initially for two months and then it could twice extend it for a period of two months following approval of a resolution from parliament.
He, however, urged political parties to find a political solution to the issue.
“Political forces should find out political solutions for the issues instead of invoking specific laws and articles of the constitution against each other,” he said. “This will only vitiate the ongoing political crisis in the country.”
Legal experts said the imposition of the governor’s rule in any province would ultimately be challenged in the respective high court or the Supreme Court for a final judgment.
“The imposition of the governor’s rule by the center is not a piece of cake,” advocate Sharafat Ali told Arab News. “The government has to fulfil certain legal and constitutional requirements to justify the proclamation of emergency, otherwise it would be turned down by the courts.”
In 2009, the then federal government, led by the Pakistan Peoples Party, had imposed the governor’s rule in Pakistan’s most populous Punjab province to suspend the administrative powers of then chief minister Shehbaz Sharif. However, the Supreme Court had later voided the proclamation and reinstated the Sharif government in the province.
Khan’s PTI has staged several protests this year to demand the release of the ex-premier, who has been in jail since August last year on a slew of charges, as well as to challenge results of the Feb. 8 national election, which it says were manipulated to keep the party from coming to power in the country. The Pakistani government and election authorities deny this.
