- Achakzai and Raja Nasir Abbas jointly filed the petition before the Federal Constitutional Court on Saturday.
- It seeks the release of Sohail Afridi and eight other parliamentarians taken into preventive custody before governor's rule in KP.
- The petitioners cite Articles 4, 14, 17 and 25 and say emergency powers do not override fundamental rights.
- Nasir Abbas says dialogue and implementation of the Constitution are the way out of the crisis.
Two senior opposition leaders have asked the Federal Constitutional Court (FCC) to order the immediate release of Khyber Pakhtunkhwa's dysfunctional chief minister, Sohail Afridi, and eight other parliamentarians. The petition was filed jointly on Saturday by National Assembly Opposition Leader Mehmood Khan Achakzai and Senate Opposition Leader Raja Nasir Abbas.
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It also demands that the government disclose the legal status and place of detention of those held.
What the petition asks for
The petitioners want all the affected lawmakers produced before the court so that it can examine the legal justification for their detention. They have also urged the court to order the immediate release of all detained elected representatives.
In the petition, Achakzai and Nasir Abbas argue that keeping elected representatives in custody renders the public mandate ineffective. They say state machinery cannot be used to suppress political dissent or to neutralise elected members.
The only way to save the sinking boat is dialogue and implementation of the Constitution.
Raja Nasir Abbas, Senate Opposition Leader
Constitutional arguments
The plea says that targeting the lawmakers on the basis of political affiliation violates Articles 4, 14, 17 and 25 of the Constitution. It maintains that the extraordinary powers under Articles 232, 234 and 245 do not override fundamental rights.
According to the petition, the imposition of governor's rule does not bring fundamental rights to an end. It adds that government actions remain subject to judicial review by the FCC.
Timeline
- October 11Sohail Afridi and other lawmakers taken into preventive custody hours before governor's rule and emergency were imposed in KP.
- Saturday, November 14Achakzai and Raja Nasir Abbas file a joint petition before the FCC seeking their release.
Background to the detentions
The PTI-backed chief minister and the other lawmakers had been taken into preventive custody hours before the federal government imposed governor's rule and an emergency in Khyber Pakhtunkhwa on October 11.
The petition states that incarcerated PTI founder Imran Khan had tasked Achakzai and Nasir Abbas with holding talks with the government.
Peshawar court and call for dialogue
Separately, Nasir Abbas said the opposition leaders had also approached the Peshawar court. They asked it to disclose the whereabouts of suspended chief minister Sohail Afridi and the provincial assembly speaker, Babar Saleem Swati.
He said political parties would have to sit together and decide, even at this stage. In his words, “The only way forward is for everyone to think together about getting out of these problems.”
Questions and answers
Who filed the petition in the Federal Constitutional Court?
National Assembly Opposition Leader Mehmood Khan Achakzai and Senate Opposition Leader Raja Nasir Abbas filed it jointly on Saturday.
Whose release is being sought?
The petition seeks the immediate release of the dysfunctional KP chief minister Sohail Afridi and eight other parliamentarians held in preventive custody.
What constitutional grounds does the petition cite?
It says the detentions violate Articles 4, 14, 17 and 25. It also argues that emergency powers under Articles 232, 234 and 245 do not override fundamental rights.
Image: Usman.pg / Wikimedia Commons, CC BY-SA 3.0
