Peshawar:
The High Court of Peshawar (PHC) made a suspension order on Tuesday, interrupting the appointment of new leaders of opposition to the National Assembly and the Senate following the disqualification of the Omar Ayub of Pti and Shibli Faraz.
The court gave opinions to the president of the National Assembly, the President of the Senate and other officials concerned, ordering them to submit responses by August 15.
On August 5, the Pakistan Electoral Commission (ECP) disqualified Ayub and Faraz, as well as other MNA and AMP of the opposition, following their convictions in three cases related to the riots of May 9, 2023.
Subsequently, on August 8, the two leaders were withdrawn from their posts via notifications issued by the secretariats of the NA and the Senate.
A bench of two members including judge Syed Arshad Ali and judge Dr Khurshid Iqbal heard petitions filed by the two leaders against their denotation by the Pakistan Electoral Commission (ECP).
Read: ECP disqualifies three PTI legislators after the ATC verdict in the case on May 9
During the hearing, lawyer Gohar Ali Khan, representing the petitioners, argued that the ECP had disqualified the two leaders without receiving a reference from the President of the NA or the President of the Senate, describing it as a constitutional overtaking.
“The ECP acted without authority, until a reference was sent by the president, it does not have the power to disqualify a member,” he said.
He argued that the opposition management is a constitutional position and, under the rules of the assembly, cannot be removed by unilateral action by the ECP.
Gohar has referred to a previous decision of the Supreme Court to affirm that once a candidate becomes elected member, the jurisdiction of the PCE ends.
Addressing media outside the court, Barrister Gohar said that the current vagueness of disqualifications and sanctions would not solve political problems.
“Everyone may have made mistakes, but the solution lies in dialogue, not disqualification,” he said. “If the largest party in the country is sidelined, it presents serious risks for democracy.”
Gohar also pointed out what he called the discriminatory treatment of PTI, declaring that ECP accepted the intra-party elections of other parties but rejected the PTI, despite their more transparent conduct.
He added that PTI, having won 180 seats in the February 8 elections, had now been reduced to 76 seats in the Assembly, alleging political victimization.
The case will be resumed on August 15.
ATC sentences
On July 31, an anti -terrorist courtyard of Faisalabad sentenced more than 100 PTI managers and workers to prison terms of up to 10 years in connection with the May 9 riots.
Among those who received a rigorous imprisonment, there were opposition personalities, notably Omar Ayub, Shibli Faraz, Zartaj Gul and the head of the Sunni council, Hamid Raza.
According to, Ismael Khan was sentenced to perpetuity increase and a loss order of all his property has been adopted.
