PHC halts opposition leaders' appointment

The Peshawar High Court (PHC) on Wednesday issued notices to the Election Commission of Pakistan (ECP), seeking a reply over the disqualification of Pakistan Tehreek-e-Insaf (PTI) leaders Omar Ayub Khan and Senator Shibli Faraz, and their subsequent de-notification as Leaders of the Opposition in the National Assembly and Senate.

A two-member bench comprising Justice Waqar Ahmad and Justice Kamran Hayat Miankhel heard the petitions filed by the PTI leaders. During proceedings, the court extended the stay order restraining the appointment of new opposition leaders in both houses of Parliament until the next hearing.

Barrister Gohar Khan, counsel for the petitioners, argued that Ayub and Faraz were duly elected Leaders of the Opposition in their respective houses but were de-notified after the ECP declared them disqualified on August 5. He noted that an anti-terrorism court in Faisalabad had earlier sentenced them, along with other PTI members, to 10 years' imprisonment on July 31.

The counsel contended that the office of the opposition leader is a constitutional position under Assembly Rule 39, and once elected as a member of Parliament, the ECP has no authority to disqualify a lawmaker. He added that the Supreme Court has previously ruled that the ECP cannot unilaterally disqualify members.

"The ECP has acted beyond its constitutional mandate," Barrister Gohar told the bench. He argued that the Speaker National Assembly had not referred any reference against Omar Ayub, nor had the Senate Chairman done so in Shibli Faraz's case. "The commission initiated the action on its own, which is unconstitutional and unlawful," he added.

Additional Attorney General Sanaullah, representing the government, submitted that currently there are no opposition leaders in either house, stressing that Parliament cannot function without them. He urged the court to lift the restraining order so that new opposition leaders could be appointed.

In response, Barrister Gohar argued that the PTI still holds the largest number of opposition seats and that the position rightfully belongs to the party. "In autumn, not as many leaves fall as our members have been disqualified," he remarked, accusing the ECP of politically motivated action.

The Special Secretary Law of the ECP informed the court that the commission's written reply has not yet been submitted and requested more time. The bench extended the stay order, barring the ECP from taking further action against the petitioners, and adjourned the hearing while seeking replies from both the ECP and the Attorney General in the next session.