The High Court of Peshawar withdrew the provisional compensation granted to the leaders of Pakistan Tehreek-E-insaf, in particular Omar Ayub, Shibli Faraz and Abdul Latif in their disqualification affairs. The court said that no fugitive can claim constitutional rights until they go to the competent courts.
In a 31 -page detailed verdict, written by judge Syed Arshad Ali and announced by a bench of two members including judge Syed Arshad Ali and judge Faheem Wali, the court categorically judged that persons sentenced by the tribunals of first instance cannot bypass the legal process and request repair directly at the High Court.
The petitions had challenged the disqualification notifications issued against the three PTI leaders following their convictions by the anti -terrorist courts (ATC). Omar Ayub and Shibli Faraz were sentenced on July 31 by ATC in Faisalabad, while Abdul Latif was sentenced in May by an ATC in Islamabad.
During the hearings, the petitioner advice, Barrister Gohar Khan, representative Ayub and Faraz, and defend Moazzam Butt, a lative representative, argued that their customers were not children because they had appeared in front of the forums relevant during previous procedures.
They argued that by virtue of constitutional and international principles, their customers were entitled to fundamental rights, including the right to appeal.
Find out more: ECP disqualifies Shibli Faraz, Omar Ayub
The Gohar lawyer also argued that the deprivation of the petitioners of their constitutional protections was to refuse citizens access to justice. He pointed out that the leaders of the PTI were present before the PHC and, therefore, could not be considered as fugitives in the strict sense of the law.
On the other hand, lawyer Sajeel Swati insisted that the petitioners were fleeting because they had not visited the courts of first instance after their conviction. He argued that bypassing the appeal procedure and the approach directly of the PHC made their petitions non -dispute.
The representatives of the federal government, the additional generals of the generals Aamir Rehman and Sanaullah, echoed this position, affirming that the petitions were not eligible unless the petitioners surrender. Citing national and international case law, the court stressed that the fugitives cannot be granted by the senior courts.
The Court stressed that the constitutional courts cannot be reduced to the forums to bypass the established legal hierarchies. He decided that until the petitioners went to the courts of first instance and file calls through the prescribed procedure, their petitions before the PHC would remain ineffective.
The bench therefore withdrew the provisional residence orders issued on August 1, 6 and 12, and postponed the case indefinitely, granting petitioners the possibility of relaunching their cases once they go and comply with a regular procedure.
The decision gives an important legal blow to the management of the PTI, because three of its eminent figures remain disqualified. It also establishes a remarkable priority, reaffirming that constitutional protections cannot be invoked as a shield by these fugitives judged until they respect the legal process.
In August, the Pakistan Electoral Commission disqualified nine legislators affiliated to PTI, including Faraz and Ayub. Others disqualified include the chief of the Sunni Ittehad Sahibzada Hamid Raza, Zartaj Gul and Junaid Afzal Sahi.
The ECP also disqualified Rai Hassan Nawaz, Rai Murtaza Iqbal, Rai Haider Ali and Ansar Iqbal. A notification issued by the Commission confirmed their disqualification and declared its vacant seats.
Separately, an ATC in Faisalabad has sentenced several best leaders of the PTI to 10 years in prison in cases related to the May 9 incident, notably Ayub, Faraz, Gul, Raza and the former Mna Sheikh Rashid Shafiq, among 108 managers found guilty out of 185 involved, while 77 others were acquitted.
May 9 riots
The May 9 riots broke out nationally after the arrest of former Prime Minister Imran Khan, after which PTI managers and workers organized demonstrations targeting civil and military installations, including the Jinnah and the GHQ in Rawalpindi.
The soldiers condemned events as “Black Day” and decided to try the demonstrators under the Army Act.
Following the troubles, many members of the PTI were arrested and tried before the military courts. In December, a military court sentenced 25 people, including the nephew of Imran Khan, Hassan Khan Niazi, then sentenced 60 others.
In January, 19 convicts had forgiven their convictions following successful mercy calls, although PTI expressed its dissatisfaction on the limited number of pardons.
The military trials had initially been interrupted following a decision of the Supreme Court, but resumed following the instructions of the court to finalize the matters pending and announce judgments for the persons involved in violent incidents.
