Khyber Pakhtunkhwa Advocate General Shah Faisal has challenged the Islamabad High Court’s jurisdiction to hear a petition concerning PTI’s planned September 27 protest and long march.
A three-member larger bench, headed by Chief Justice Sarfraz Dogar and comprising Justice Muhammad Azam Khan and Justice Muhammad Asif, heard the petition on Friday.
KP Questions IHC Jurisdiction
During his arguments, Shah Faisal said the Islamabad High Court’s jurisdiction remained limited to the federal capital.
He argued that the court could not issue directions to officials in Punjab, Sindh, Khyber Pakhtunkhwa or Balochistan.
According to the advocate general, allowing one high court to interfere in matters involving another province could undermine the 18th Amendment.
He also pointed out that Islamabad is a federal territory rather than a province. He said separate legislation governs the capital because of its distinct constitutional status.
Shah Faisal further argued that the petitioner was not directly affected by the matter.
Chief Justice Questions KP Government’s Position
Chief Justice Sarfraz Dogar questioned whether PTI was actually planning a long march. Shah Faisal responded that the political party involved had not even been made a respondent in the case.
The chief justice also asked whether Shah Faisal had consulted KP Chief Minister Sohail Afridi.
The discussion focused on the chief minister’s dual role as head of the provincial government and a political party member.
“Do you mean he is wearing two hats?” the chief justice asked.
Shah Faisal replied that the chief minister was both a provincial leader and a political party member.
At the court’s direction, the advocate general also read out the chief minister’s oath. Chief Justice Dogar stressed that the chief minister’s loyalty should remain with the state.
Court Seeks Statements From KP Officials
The chief justice later summoned the KP chief secretary and questioned the government’s position regarding the planned protest.
The court also asked why political protests repeatedly moved toward Islamabad.
When the chief secretary described the activity as political, Chief Justice Dogar asked, “Is an attack on the federal capital political activity?”
The court subsequently sought sworn statements from the KP chief secretary and inspector general of police.
Shah Faisal maintained that protests were organised by political parties rather than provincial governments. He also referred to political statements from Punjab Chief Minister Maryam Nawaz and Rana Sanaullah.
Justice Muhammad Azam Khan observed that some of Shah Faisal’s arguments appeared political. The advocate general rejected the characterization and said he was presenting facts.
PTI Challenges Police Raids
Separately, PTI has approached the Rawalpindi bench of the Lahore High Court over police actions ahead of the September 27 long march.
PTI Rawalpindi General Secretary Aqeel Khan filed the petition against the Punjab government, inspector general of police, regional police officer and Rawalpindi city police officer.
The petition alleges that police have raided homes of PTI workers and leaders across Rawalpindi division and Mianwali.
It claims authorities are using the raids to prevent party workers from joining the planned march.
The petition argues that raids on private residences violate Article 14 of the Constitution. It asks the court to stop raids, arrests and harassment based on political affiliation.
The petitioner has also requested a verified report from police authorities regarding arrests and sought interim relief before September 27.
Security and Islamabad Protests Under Discussion
Shah Faisal also raised concerns about security arrangements during political protests.
He said authorities place containers across Islamabad whenever political groups announce long marches. He questioned whether such measures violate citizens’ rights.
The advocate general claimed to have video evidence showing containers placed outside Khyber Pakhtunkhwa House.
He further argued that Islamabad belongs equally to citizens from all four provinces and that no impression should emerge that people from other provinces are excluded from the capital.
The court, meanwhile, said it would intervene if Islamabad residents’ rights were affected.
Shah Faisal concluded his arguments by expressing concern that public confidence in institutions was declining, while the court continued to examine the constitutional and administrative questions surrounding the planned protest.
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