• PHC urged to declare military operation, its order ‘unconstitutional’
• PDMA directed to file report on facilities provided to displaced persons within a week
• Representatives of IDPs summoned on Feb 12
PESHAWAR: The federal and Khyber Pakhtunkhwa authorities on Friday denied that they gave any permission for starting a military operation in the Tirah Valley of Khyber district.
The denial from both federal and provincial governments came before a bench of the Peshawar High Court (PHC) comprising Justice Wiqar Ahmad and Justice Mohammad Faheem Wali at the hearing of a petition filed by Barrister Saud Javed Dawar, a member of the National Democratic Movement (NDM).
KP Advocate General Shah Faisal Uthmankhel and Additional Attorney General Sanaullah apprised the high court that their respective governments had not given a nod to the military for launching any operation across the valley.
While directing the Provincial Disaster Management Authority (PDMA) to provide all possible reliefs to the people displaced from Tirah Valley, the bench summoned IDP representatives on Feb 12, the next date of hearing the matter, so as to verify the government’s claims that it had been extending both financial and material support to the displaced persons. It also sought a report from the PDMA within a week about the facilities provided to them.
Barrister Dawar who appeared along with his counsel Mohammad Yaseen Orakzai sought from the court multiple relief, including declaration that any ‘order and action’ of launching Tirah military operation was “unconstitutional, unlawful and violative of fundamental rights”.
The petitioner also urged the court to direct the respondents, including both federal and KP authorities, to place on record the mechanism, protocol and guidelines for the protection, safety, rehabilitation and repatriation of IDPs as well as financial policy and packages for them.
Without the passage of a resolution by the KP Assembly under Article 232 and approval of Parliament, the military operation couldn’t be launched, the petitioner reminded the PHC.
The AG stated that while the provincial government had not approved of any military operation, it had been adopting measures for providing relief to the people who left their homes in Tirah. He said that for that purpose the government had also approved Rs4 billion. However, he said, he would submit a detailed reply about constitutionality of starting any military operation without the approval of the provincial government.
Article 245
A single-page reply of the interior secretary was also submitted to the court, which provided that the deployment of the armed forces for internal security purposes was governed under Article 245, which empowered the federal government to employ the armed forces in aid of civil power.
As per the response, security operations in the Tirah area fall within the constitutional authority of the federal government and are conducted in accordance with the Constitution. “The Ministry of Interior and Narcotics Control has not initiated, directed, commanded or operationally supervised any such operation, nor has it issued any formal order, directive or requisition in this regard,” the interior secretary added.
About the petitioner’s stance that a resolution of the provincial assembly was required for proclamation of emergency under Article 232, the ministry explained that the constitutional framework distinguishes clearly between emergency powers under Article 232 and deployment of forces under Article 245.
“Deployment under Article 245 does not require a proclamation of emergency, a resolution of the provincial assembly or approval of either House of the Parliament.
“Matters concerning the protection, rehabilitation, repatriation, financial assistance, health, education, shelter and welfare of Internally Displaced Persons (IDPs) are primarily managed by the Provincial governments, NDMA, PDMA and other relevant civilian departments,” the reply said.
The petitioner contended that as Chief Minister Sohail Afridi had explicitly denied his and his government approval to Tirah operation, the action and order of launching the operation by the federal government was purely unconstitutional.
Published in Dawn, January 31st, 2026
