The Federal Constitutional Court has disposed of a petition filed by Sher Afzal Marwat against Sohail Afridi, ruling that the case has become infructuous because Afridi no longer holds the office of chief minister.
Chief Justice Amin-ud-Din Khan said the proceedings could not continue in light of recent developments, including the imposition of Governor’s Rule and a state of emergency.
During the hearing, Chief Justice Khan questioned whether the petition against the chief minister could still be heard following the latest developments.
“Can the petition against the chief minister still be heard in light of these recent developments?” the chief justice asked.
He subsequently observed that proceedings could not continue under the changed circumstances, explaining that the petition had become infructuous after the imposition of the emergency and Governor’s Rule.
Chief Justice Khan noted that Sohail Afridi currently does not hold the office of chief minister, leaving the petition without a live issue for the court to decide.
Justice Baqar Najafi also remarked that the case against Afridi was no longer a live matter, adding that the imposition of a state of emergency and Governor’s Rule were separate issues.
Marwat seeks time to challenge Governor’s Rule
During the proceedings, Marwat told the court that he wanted to challenge the imposition of Governor’s Rule and the state of emergency. He also requested a brief adjournment in connection with his petition against Sohail Afridi.
However, the bench clarified that the challenge to Governor’s Rule and the emergency was a separate matter from the petition currently before it. The court therefore proceeded to dispose of the petition against Afridi rather than consider those separate challenges as part of the same case.
Marwat argued that Afridi would be restored to his position if Governor’s Rule and the state of emergency were lifted.
Responding to the argument, Chief Justice Khan said Marwat could file a miscellaneous application to seek the revival of his petition if Afridi was reinstated as chief minister.
