The federal and provincial governments have refused to authorize a military operation in Tirah. The decision came up during a hearing at the Peshawar High Court (PHC), where Justice Wiqar Ahmad and Justice Mohammad Faheem Wali presided.
The petition, submitted by barrister Saud Javed Dawar, emphasized the denial. He urged the court to publish any military orders related to the operation. He also called the proposed action “unconstitutional and unlawful.”
Furthermore, Dawar stressed the need for clear guidelines. These should ensure the protection, rehabilitation, and support of displaced persons (IDPs). He warned that without proper measures, the affected people could face serious hardships.
KP Advocate General Shah Faisal Uthmankhel and Additional Attorney General Sanaullah told the court that neither government had approved the operation. They added that both governments are actively working to support displaced families.
PHC directs PDMA to report and verify IDP support
Meanwhile, the court directed the Provincial Disaster Management Authority (PDMA) to provide full relief to displaced people. The bench also summoned IDP representatives on February 12. This step will help verify whether financial and material support is reaching them.
In addition, the court asked the PDMA to submit a detailed report within a week. The report must list all facilities, aid, and services provided to displaced residents.
The petitioner reminded the court that, under Article 232, a military operation requires a KP Assembly resolution and approval from Parliament. He argued that the federal government could not launch the operation without following this procedure.
Federal government cites Article 245 for troop deployment
On the other hand, the Interior Secretary explained that deploying troops falls under Article 245. This article allows the federal government to support civil authorities. The ministry also clarified that it had not issued any order for the Tirah operation.
Furthermore, the ministry highlighted the difference between Articles 232 and 245. Article 232 covers emergencies. Article 245 covers troop deployment. Therefore, troop deployment does not need provincial resolution or Parliament approval.
In addition, the ministry stated that protecting and rehabilitating IDPs remains the responsibility of provincial governments, PDMA, NDMA, and other civilian departments.
The KP Advocate General added that the provincial government had already approved Rs4 billion for relief efforts. He promised to submit a detailed reply on the constitutionality of any operation without provincial consent.
However, the petition stated that KPK Chief Minister Sohail Afridi refused to authorize any operation. Moreover, he maintained that any federal action would be unconstitutional. The PHC will continue its hearings, ensuring that all legal procedures are properly followed. At the same time, IDPs should continue to receive adequate support and assistance.
