FCCP disposes of Afzal Marwat’s petition seeking Sohail Afridi’s disqualification

ISLAMABAD, Oct 15 (APP):The Federal Constitutional Court of Pakistan (FCCP) on Thursday disposed of a petition filed by Sher Afzal Marwat seeking the disqualification of Khyber Pakhtunkhwa Chief Minister Sohail Afridi, declaring it infructuous in view of the changed circumstances.

Chief Justice Aminuddin Khan observed that following the imposition of emergency and governor’s rule, the petition against the chief minister was no longer a matter that could be pursued in its present form.

A two-member bench of the Federal Constitutional Court, headed by Chief Justice Aminuddin Khan, heard the petition filed by Sher Afzal Marwat.

During the proceedings, the chief justice asked whether the petition could still be heard in light of recent developments concerning the chief minister. He observed that proceedings could not be taken forward under the prevailing circumstances, as Sohail Afridi no longer held the office of chief minister.

Marwat submitted that he also intended to challenge the imposition of governor’s rule and emergency. He requested a short adjournment in the petition seeking Afridi’s disqualification.

Justice Ali Baqar Najafi observed that the imposition of emergency and governor’s rule were separate matters and that the case against the chief minister was no longer maintainable in the existing circumstances.

Marwat argued that if governor’s rule and emergency were withdrawn in the future, Afridi could be reinstated as chief minister.

In response, Chief Justice Aminuddin Khan observed that if Afridi was reinstated in the future, the petitioner could file a miscellaneous application seeking restoration of the petition.

Subsequently, the court disposed of the petition seeking Sohail Afridi’s disqualification as having become infructuous.