The Peshawar High Court (PHC) issued a stay order on Tuesday, halting the appointment of new opposition leaders in the National Assembly and Senate following the disqualification of PTI’s Omar Ayub and Shibli Faraz.
The court issued notices to the National Assembly speaker, Senate chairperson, and other relevant officials, directing them to submit responses by August 15.
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 via notifications issued by the NA and Senate secretariats.
A two-member bench comprising Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal heard petitions filed by both leaders against their de-notification by the Election Commission of Pakistan (ECP).
Read: ECP disqualifies three PTI lawmakers following ATC verdict in May 9 case
During the hearing, Barrister Gohar Ali Khan, representing the petitioners, argued that the ECP had disqualified the two leaders without receiving a reference from the NA speaker or Senate chairperson, terming it a constitutional overreach.
“ECP acted without authority, until a reference is sent by the speaker, it has no power to disqualify a member,” he said.
He maintained that opposition leadership is a constitutional position and, under Assembly rules, cannot be removed through unilateral action by the ECP.
Gohar referred to a past Supreme Court ruling to argue that once a candidate becomes an elected member, the ECP’s jurisdiction ends.
Speaking to media outside the court, Barrister Gohar said the current wave of disqualifications and punishments would not resolve political issues.
“Everyone may have made mistakes, but the solution lies in dialogue, not disqualification,” he said. “If the country’s largest party is sidelined, it poses serious risks to democracy.”
Gohar also highlighted what he called discriminatory treatment of PTI, stating that the ECP accepted the intra-party elections of other parties but rejected PTI’s, despite them being conducted in a more transparent manner.
He further said that PTI, having won 180 seats in the February 8 elections, had now been reduced to 76 seats in the Assembly, alleging political victimisation.
The case will be taken up again on August 15.
ATC sentences
On July 31, an anti-terrorism court in Faisalabad sentenced more than 100 PTI leaders and workers to prison terms of up to 10 years in connection with the May 9 riots.
Among those given rigorous imprisonment were senior opposition figures, including Omar Ayub, Shibli Faraz, Zartaj Gul, and Sunni Ittehad Council chief Hamid Raza.
Following, Ismael Khan was sentenced to life improsenment and an order to forfeit his entire property was passed.
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