Peshawar High Court has drawn the temporary relief awarded to Pakistan Tehreek-E-In-Insaf leaders, including Omar Ayub, Shibli Faraz and Abdul Latif in their disqualification cases. The court declared that no refugees can claim constitutional rights until they surrender to the competent courts.
In a detailed judgment of 31 pages, author of justice sewed Arshad Ali and advertised by a two-member bench consisting of justice Syed Arshad Ali and Justice Faheem Wali, the court categorically believed that individuals convicted by the courts cannot circumvent the legal process and seek directly from the Supreme Court.
The petitions had challenged the disqualification messages issued against the three PTI leaders in accordance with their conviction of courts against terrorism (ATCs). Omar Ayub and Shibli Faraz were sentenced on July 31 by ATC in Faisalabad, while Abdul Latif was convicted in May by an ATC in Islamabad.
During the consultations, the Council of the Appears, lawyer Gohar Khan, who represented Ayub and Faraz, and spokesman for Moazzam Butt, who represented Latif, represented that their clients were not absent as they had appeared before the relevant forums in previous procedures.
They claimed that their clients under constitutional and international principles were entitled to fundamental rights, including the right to appeal.
Read more: ECP disqualifies Shibli Faraz, Omar Ayub
Barrister Gohar also claimed that the petitioners deprived their constitutional protection of refusing citizens’ access to justice. He emphasized that the PTI leaders were present before PHC and therefore could not be considered refugees in the strict sense of the law.
On the other hand, Barrister Sajeel Swati insisted that the Petries were refugees as they had not surrendered to the court of courts in their conviction. He maintained that circumvention of the appeal procedure and directly approaching PHC made their petitions into non-maintenance.
The Federal Government’s representatives, additional attorney General Aamir Rehman and Sanaullah, repeated this attitude and claimed that the petitions were not allowed unless the petitions surrender. With reference to both domestic and international case law, the Court emphasized that refugees cannot get relief from overall courts.
The court emphasized that constitutional courts cannot be reduced to forums to circumvention of established judicial hierarchies. It gave up that until the petitioners surrendered to the lawsuits and submitting appeals through the prescribed procedure, their petitions before PHC would remain ineffective.
Consequently, the bench withdrew the preliminary residence orders issued on August 1, 6 and 12 and postponed the case indefinitely and allowed the petries to revive their cases when they surrender and comply with the proper process.
The order provides a significant legal blow to PTI management as three of its prominent numbers remain disqualified. It also sets a remarkable precedence, which confirms that constitutional protection cannot be invoked as a shield of those considered refugees until they respect the legal process.
In August, the Election Commission in Pakistan diskisted nine legislators affiliated with PTI, including Faraz and Ayub. Other disqualified includes Sunni Ittehad Council Head Sahibzada Hamid Raza, Zartaj Yellow and Junaid Afzal Sahi.
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 their seats available.
Separately, an ATC in Faisalabad, convicted several Top PTI leaders for up to 10 years in prison in cases linked to the 9th of May event, including Ayub, Faraz, Yellow, Raza and former MNA Sheikh Rashid Shafiq, among 108 leaders found guilty of 185 implicated, while 77 others were acquired.
May 9th riots
The May 9 riots broke out nationwide following the arrest of former Prime Minister Imran Khan, after which PTI leaders and workers staged protests aimed at both civilian and military installations, including Jinnah House and GHQ in Rawalpindi.
The military condemned the events as a “black day” and decided to try the protesters under the Army Act.
As a result of the turmoil, many PTI members were arrested and tried in military courts. In December, a military court sentenced 25 individuals, including Imran Khan’s nephew, Hassan Khan Niazi, and later sentenced 60 others.
In January, 19 had their sentences pardoned after successful mercy appeals, although PTI expressed dissatisfaction with the limited number of pardens.
The military lawsuits were originally stopped after a Supreme Court Recovery, but were resumed following the court’s instructions to end pending cases and advertise judgments for those involved in the violent incidents.
