The Supreme Court rejected Pakistan Tehreek-e-Insaf leader Shibli Faraz’s plea to suspend the Senate election for his vacant seat on Wednesday, ruling that it would not interfere in the election process.
A five-member constitution bench, headed by Justice Aminuddin Khan, heard the case. The Supreme Court (SC) overruled the Peshawar High Court’s (PHC) earlier decision to stay the case indefinitely and directed it to hear both parties 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 jail each for their alleged role in the May 9, 2023 riots following Imran Khan’s arrest.
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Following their conviction, the Election Commission of Pakistan (ECP) disqualified nine PTI lawmakers, including Senate Opposition Leader Faraz and National Assembly Opposition Leader Ayub.
Faraz and Ayub initially challenged their disqualifications before the PHC, but their appeals were dismissed as “not maintainable” as they had not surrendered to the court. They then approached the SC challenging the ECP’s decision.
Earlier, the same ATC sentenced both leaders to an additional 10 years in jail in a separate case related to an attack on PML-N leader Rana Sanaullah’s residence during the May 9 violence.
During the SC proceedings, PTI chairman Barrister Gohar argued that the Senate election to Faraz’s vacant seat scheduled for Thursday viz. tomorrow, was to be suspended until the issue of his disqualification is resolved.
Questioning the request, Justice Hasan Azhar Rizvi asked, “When you have already nominated a candidate for the Senate, why are you seeking an eviction order?” Justice Jamal Khan Mandokhail suggested that the nomination could have been coercive, while Justice Rizvi stressed that the court could not issue an injunction under such circumstances.
Reiterating that it could not interfere in the election process, the bench noted that the PHC must now decide the matter after hearing both sides. When Justice Rizvi asked how many seats were up for election, lawyer Gohar replied, “Only one.”
Additional Attorney General (AAG) Aamir Rehman pointed out that the Speaker was made a respondent in the PHC case but not before the SC.
He added that petitioners (PTI leaders) convicted by ATC must surrender before seeking relief. Justice Muhammad Ali Mazhar asked if the PHC had ruled on the maintainability of the petition. Barrister Gohar replied that the case had not been dismissed yet, while Judge Mandokhail remarked: “We cannot do anything at this stage.”
Read more: ATC issues arrest warrants to PTI leaders
The AAG also highlighted that the PHC had observed that the petitioners were evading the legal process. Justice Mandokhail questioned why they had not been arrested if they appeared before the high court. Justice Rizvi observed that the PHC had issued a 31-page judgment when a single extra paragraph would have sufficed.
Outside the court, PTI chairman Barrister Gohar told reporters that the party had challenged the ECP’s notification disqualifying Shibli Faraz. He said the Supreme Court had invalidated the PHC’s indefinite stay and directed it to hear both sides.
Expressing regret, Gohar added, “It is unfortunate that the Senate elections are being 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 forfeiture cases were connected to this case and expressed hope that when the case proceeds in the High Court, the party would get relief. He reiterated, “The Electoral Commission has no authority to disqualify any senator without a referral from the Senate President.
