The Supreme Court on Wednesday rejected Pakistan Tehreek-e-Insaf leader Shibli Faraz’s request to suspend the Senate elections for his vacant seat, ruling that it would not interfere in the electoral process.
A five-member constitutional bench, headed by Justice Aminuddin Khan, heard the case. The Supreme Court (SC) has set aside the earlier order of the Peshawar High Court (PHC) to adjourn the matter indefinitely and directed it to hear both sides and decide the merits of the pending petition.
A Special Anti-Terrorism Court (ATC) in Faisalabad had earlier sentenced Pakistan Tehreek-e-Insaf (PTI) leaders Shibli Faraz and Omar Ayub to 10 years in prison each for their alleged role in the May 9, 2023 riots that followed the arrest of Imran Khan.
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Following their conviction, the Election Commission of Pakistan (ECP) disqualified nine PTI lawmakers, including Leader of Opposition in Senate Faraz and Leader of Opposition in National Assembly Ayub.
Faraz and Ayub initially challenged their disqualification before the PHC, but their appeals were dismissed as “not admissible” since they had not gone to court. They then contacted the SC to challenge the ECP’s decision.
Earlier, the same ATC had sentenced the two leaders to another 10 years in a separate case related to an attack on the residence of PML-N leader Rana Sanaullah during the May 9 violence.
During the SC proceedings, PTI president Barrister Gohar argued that the senatorial election for Faraz’s vacant seat, scheduled for Thursday, i.e. tomorrow, should be halted until the issue of his disqualification is resolved.
Justice Hasan Azhar Rizvi questioned the application asking, “When you have already nominated a candidate for the Senate elections, why are you seeking a stay order? » Justice Jamal Khan Mandokhail suggested that the appointment could have been coercion, while Justice Rizvi stressed that the court could not issue a prohibitory order in such circumstances.
The bench reiterated that it cannot intervene in the electoral process, noting that the PHC must now decide the matter after hearing both sides. When Justice Rizvi asked him how many seats were up for election, lawyer Gohar replied, “Just one.”
Additional Attorney General (AAG) Aamir Rehman pointed out that the President was made a respondent in the PHC case but not before the SC.
He added that the petitioners (PTI leaders) found guilty by the ATC must surrender before seeking relief. Justice Muhammad Ali Mazhar asked whether the PHC had ruled on upholding the petition. Lawyer Gohar responded that the case was yet to be closed, while Justice Mandokhail remarked: “We cannot do anything at this stage. »
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The AAG also pointed out that the PHC had noted that the petitioners were avoiding the legal process. Justice Mandokhail wondered why they were not arrested if they had appeared before the High Court. Justice Rizvi observed that the PHC had delivered a 31-page judgment when just one more paragraph would have sufficed.
Outside the court, PTI president Barrister Gohar told reporters that the party had challenged the ECP’s notification disqualifying Shibli Faraz. He said the Supreme Court had struck down the indefinite adjournment of the PHC and ordered it to hear both sides.
Expressing regret, Gohar added, “It is unfortunate that the Senate elections will be held tomorrow. We had requested the court to postpone it, but the court said it did not want to create further complications.”
He noted that several other cases of disqualification were linked to this matter and expressed hope that once the case was adjudicated in the High Court, the party would get relief. He reiterated: “The Commission on Elections has no authority to disqualify a senator without a reference from the Senate President.
