FCC closes plea against KP chief minister after governor's rule

The Federal Constitutional Court (FCC) on Thursday disposed of a challenge to the appointment of Khyber Pakhtunkhwa Chief Minister Sohail Afridi, describing it as infructuous after the imposition of governor’s rule and an emergency in the province. Afridi is described as non-functional, because he does not currently hold effective office.

Governor’s rule and the emergency were imposed on Sunday, when the federal government cited the provincial government’s “deliberate disengagement” from the fight against terrorism. Afridi remains in preventive custody along with some members of his cabinet, according to Dawn. The PTI reported their detention shortly after the Centre imposed the measures.

What the court said

“The petition has become infructuous following the imposition of state of emergency and the governor’s rule,” FCC Chief Justice Aminuddin Khan observed. He headed a two-judge bench that also included Justice Ali Baqar Najafi.

The bench was hearing a petition by estranged PTI leader Sher Afzal Khan Marwat against the October 2025 resignation of former KP chief minister Ali Amin Gandapur, who preceded Afridi. At the start of the hearing, the chief justice wondered whether the petition could be heard at all in light of recent developments concerning the chief minister.

Marwat said he also intended to challenge the governor’s rule and the emergency and asked for a short adjournment. Justice Najafi replied that the case against the now non-functional chief minister was no longer a live issue, adding that governor’s rule and the emergency were separate and independent matters.

Marwat pointed out that if the emergency and governor’s rule were lifted soon, Afridi would return to office. The chief justice said that if the chief minister were restored in future, the petitioner was free to file a miscellaneous application to revive his petition. “At present, Sohail Afridi does not hold the office of the chief minister,” he observed.

Petitioner plans a new challenge

Speaking to the media afterwards, Marwat said he would challenge the state of emergency and the governor’s rule. “I will have the challenge ready by tomorrow,” he said, adding that all the evidence would be compiled.

He rejected allegations that the PTI patronises terrorism, saying its leaders were elected representatives who had themselves been victims and targets of terrorism. Their failure to attend the funerals of the martyrs could not be justified, he said, but they had stayed away out of fear of threats and abuse on social media. A party that let itself be driven by its social media presence, he said, would inevitably face such situations. He also offered to steer the party if the PTI leadership was unavailable.

What the original petition argued

Through his petition, Marwat had asked the court to declare that Gandapur’s resignation letters of October 8 and 11, 2025, were written under the unconstitutional dictation of a convicted and disqualified individual, and therefore lacked legal volition. The petition alleged that the process of replacing Gandapur began on directives from jailed PTI founder Imran Khan, who it claimed stood convicted and disqualified under Articles 62 and 63 of the Constitution.

It asked the court to quash the October 15, 2025 notification installing Afridi and to restore Gandapur as chief minister. It also raised questions about the independence of high constitutional offices and the limits on the influence a disqualified person can exercise over state machinery. These are the petitioner’s arguments, and the court did not rule on them.

Where things stand

Parliament’s joint sitting endorsed the emergency and governor’s rule earlier on Thursday, and the interior minister told lawmakers the Centre acted reluctantly after months of failed engagement. The PTI has also asked the Peshawar High Court to strike the emergency down. Read our reports on Interior Minister Naqvi’s address to the joint session and on Parliament approving the emergency.

This article draws on reporting by Dawn.