The Peshawar High Court (PHC) on Tuesday issued a stay order for the appointments of new opposition leaders in the National Assembly and the Senate following the disqualification and removal of PTI’s Omar Ayub and Shibli Faraz from their respective roles.
On August 5, the Election Commission of Pakistan (ECP) had disqualified Ayub and Faraz, along with other opposition MNAs and MPAs, following their convictions in three cases related to the May 9, 2023 riots.
Subsequently, on August 8, both leaders were removed from their posts through notifications issued by the NA and Senate secretariats.
A division bench comprising Justices Arshad Ali and Dr Khurshid Iqbal took up separate petitions filed earlier today by Ayub and Faraz against the denotification of their parliamentary roles.
PTI interim chairman Barrister Gohar Ali Khan appeared as the counsel for both petitioners.
The bench issued notices to the ECP and other respondents, directing them to halt the appointments for the opposition leader in both houses of the parliament, which are currently vacant.
The court adjourned the hearing till August 15 (Friday), seeking replies from the respondents.
During the hearing, Gohar informed the bench of the details of recent developments. “When an MNA becomes the opposition leader, then the ECP’s role does not remain anymore,” he asserted.
“May 9 was an unfortunate incident, which should not have happened,” the PTI leader said. He contended that the ECP recently also disqualified MNA Abdul Latif from the NA-1 by “citing the wrong reference of the [2012] Azhar Siddique case”.
“We won 180 seats, entered the parliament with 90 seats, and are now left with 23,” the PTI lawyer lamented.
“Now the government wants to bring another party’s opposition leader,” Gohar claimed, requesting the court to issue directives to stop any further action against Ayub and Faraz.
A PHC bench comprising Justice Ali and Justice Farah Jamshed had also barred the ECP from taking any action against Ayub and Faraz on August 6, but to no avail since the order came a day after their disqualification.
The court had also granted the two leaders, as well as Zartaj Gul, protective bail till August 20.
Gohar laments ‘season of disqualifications’
Speaking to the media outside the PHC, Gohar called for the “season of disqualifications” to come to an end.
“These disqualifications are not the solution to any issue,” the PTI leader emphasised. “I will request everyone to come to their senses now.”
Refuting reports of friction within the party leadership, he asserted: “There is no weakness in our team; we are being oppressed.”
Gohar also reaffirmed the PTI’s intention to stage gatherings across the country on August 14 to “celebrate Independence Day and raise voice” for ex-premier Imran Khan’s release, despite the government’s call to reschedule the protests.
A statement issued by the PTI and attributed to Imran has termed August 14 as the “next important day” of the party’s fresh protest movement.
However, Gohar also acknowledged the need for a dialogue to solve the ongoing political crisis.
Speaking to the media outside the PHC, Ayub highlighted “rising” inflation in the country. “These people (government) are enjoying themselves by burdening the people of Pakistan,” he said.
He alleged: “There has been a scandal of more than Rs500 billion in the petroleum sector. There was another scandal worth Rs2,000bn which has come to light.”
Sentences against opposition pile up
On May 9, 2023, PTI supporters, protesting party founder Imran Khan’s arrest, staged violent protests throughout the country, following which thousands were arrested.
PTI parliamentarians convicted in May 9 cases would face automatic disqualification under Article 63(1)(g) of the Constitution, which bars members convicted of crimes involving moral turpitude or corrupt practices.
A Faisalabad anti-terrorism court on July 31 had sentenced over PTI 100 leaders and workers to jail terms of up to 10 years in connection with the riots. Ayub, Faraz, PTI’s Zartaj Gul and Sunni Ittehad Council chief Hamid Raza were among the key opposition leaders handed rigorous imprisonment.
They were convicted under sections 109 (punishment for abetment) and 120-B (criminal conspiracy) of the Pakistan Penal Code (PPC) in a case registered at Ghulam Muhammadabad police station.
In another case registered at the same police station, 60 out of 67 accused were convicted, while seven were acquitted.
In the case filed at the Civil Lines police station, 107 out of 108 accused were sentenced to 10 years in prison and one person was handed a three-year jail term, while 77 were acquitted.
Former information minister Fawad Chaudhry, MNA Zain Qureshi (son of PTI Vice Chairman Shah Mahmood Qureshi), MPA Khayal Ahmad Kastro and Faizullah Kamuka were acquitted in all three cases.
The judge had issued arrest warrants for those convicted who were not present in court and had directed the police to arrest all convicts and bring them before the court for imprisonment.
Separately, on July 23, a Lahore ATC had handed Yasmin Rashid, Omar Sarfraz Cheema, Mian Mehmoodur Rasheed and other PTI leaders 10-year rigorous imprisonment in a case related to vandalism at Sherpao Bridge. However, Qureshi and five others were acquitted.
The same day, a Sargodha ATC had sentenced dozens of PTI leaders, including then-Punjab Assembly opposition leader Malik Ahmed Khan Bhachar, in another May 9 riots case registered at the Musakhel police station.
On December 21 and Dec 26 last year, a military court sentenced 85 civilians, including ex-premier Imran Khan’s nephew Hassaan Niazi, to up to 10 years for their involvement in the May 9 riots.
However, days later, the mercy petitions of 19 accused were later accepted on humanitarian grounds, while 48 other pleas had been processed to Courts of Appeal.
Issues of disqualifications, convictions can only be resolved by sitting down for talks: law minister
Minister for Law and Justice Azam Nazeer Tarar said, “Issues of disqualifications, convictions can only be resolved by sitting down for talks, not by waving documents in the air.”
Speaking in the Senate while addressing the opposition, Tarar said, “I will not go into debate on punishments, but on May 9, people saw Jinnah house burning.”
He added that if anyone commits a crime, there is a legal course which must be followed, and within that course, there are legal remedies like interim relief. “This is how the judicial system works,” he said.
He also spoke about PTI MNA Jamshed Dasti was provided relief by the Lahore High Court after his disqualification.