Top News

Peshawar High Court : has asked both the federal government and the Khyber Pakhtunkhwa administration to clearly state their positions on a reported military operation in the Tirah Valley, amid growing concerns over its legal basis and the displacement of local residents. During a recent hearing, authorities from both levels of government told the court they had not formally approved any such operation.

Governments Deny Authorizing Operation

Appearing before a two-member bench led by Justice Wiqar Ahmad and Justice Mohammad Faheem Wali, representatives of the federal and provincial governments rejected claims that they had sanctioned military action in the Tirah region. The Khyber Pakhtunkhwa Advocate General informed the court that the provincial government had not granted approval for the operation, while federal officials maintained a similar stance.

These statements were made during proceedings on a constitutional petition filed by Barrister Saud Javed Dawar, a member of the National Democratic Movement. The petition challenges the legality of the reported operation and questions whether constitutional requirements were followed before any military deployment.

Petition Cites Constitutional Violations

Barrister Dawar, accompanied by his counsel Mohammad Yaseen Orakzai, argued that any military action in Tirah without the consent of the provincial assembly would be unconstitutional. He referred specifically to Article 232 of the Constitution, which deals with the proclamation of emergency and requires legislative approval for extraordinary measures.

The petitioner requested the court to declare any order or action linked to the launch of a military operation in Tirah as unlawful and in violation of fundamental rights. He emphasized that without a formal resolution passed by the Khyber Pakhtunkhwa Assembly and subsequent parliamentary approval, such an operation could not legally proceed.

Court Focuses on Legal Framework

The bench indicated that it would closely examine the relevant constitutional provisions, particularly Articles 232 and 245, to determine whether the reported deployment falls within legal limits. Article 245 allows the federal government to call in the armed forces in aid of civil authorities for internal security, without necessarily declaring an emergency.

In a written response submitted to the court, the interior secretary clarified that the Ministry of Interior and Narcotics Control had neither initiated nor directed any military operation in Tirah. The reply stated that no formal orders, directives, or operational commands had been issued by the ministry in this regard.

Distinction Between Emergency and Deployment

The federal government’s submission stressed that the Constitution draws a clear line between emergency powers under Article 232 and the deployment of armed forces under Article 245. According to the reply, invoking Article 245 does not require a proclamation of emergency, nor does it need approval from a provincial assembly or either house of Parliament.

The court was told that matters related to internal displacement, including protection, rehabilitation, healthcare, education, and shelter for affected populations, fall primarily under the responsibility of provincial authorities, along with national and provincial disaster management bodies and other civilian institutions.

Relief Measures for Displaced Residents

Taking note of reports of large-scale displacement, the court directed the Provincial Disaster Management Authority to ensure immediate relief for those forced to leave their homes. It also summoned representatives of internally displaced persons to appear before the court on February 12, signaling judicial concern over the humanitarian impact of the situation.

According to media reports, more than 70,000 people, largely women and children, have fled the Tirah Valley in recent weeks. Residents reportedly began leaving after announcements from local mosques urged them to evacuate by January 23 to avoid possible clashes.

Security Situation in Tirah Valley

Military officials have stated that security forces are conducting targeted intelligence-based actions against the Tehrik-e-Taliban Pakistan. They contend that many fighters crossed into the Tirah area after taking refuge in neighboring Afghanistan following the Afghan Taliban’s return to power in 2021. Officials also allege that militants have used local civilians as cover during operations.

As the hearings continue, the Peshawar High Court’s review is expected to clarify the constitutional scope of military involvement in the region and address the urgent needs of displaced communities.