PHC withdraws relief for PTI leaders

The Peshawar High Court (PHC) has withdrawn interim relief granted to Pakistan Tehreek-e-Insaf (PTI) leaders Omar Ayub, Shibli Faraz, and Abdul Latif in their disqualification cases, declaring that no fugitive can claim constitutional rights until they surrender before the competent courts.

In a detailed 31-page verdict authored by Justice Syed Arshad Ali and announced by a two-member bench comprising Justice Syed Arshad Ali and Justice Faheem Wali, the court categorically held that individuals convicted by trial courts cannot bypass the legal process and seek relief directly from the high court.

The petitions had challenged the disqualification notifications issued against the three PTI leaders following their convictions by Anti-Terrorism Courts (ATCs). Omar Ayub and Shibli Faraz were convicted on July 31 by ATC Faisalabad, while Abdul Latif was convicted in May by an ATC in Islamabad.

During the hearings, the petitioners' counsels, Barrister Gohar Khan representing Omar Ayub and Shibli Faraz, and Advocate Moazzam Butt representing Abdul Latif, argued that their clients were not absconders, as they had appeared before the relevant forums in previous proceedings. They contended that under constitutional and international principles, their clients were entitled to fundamental rights, including the right to appeal.

Barrister Gohar further argued that depriving the petitioners of their constitutional protections amounted to denying citizens access to justice. He emphasized that the PTI leaders were present before the PHC and, therefore, could not be deemed fugitives in the strict sense of the law.

On the other hand, complainant's counsel Barrister Sajeel Swati insisted that the petitioners were fugitives as they had not surrendered to the trial courts after their convictions. He maintained that bypassing the appellate procedure and directly approaching the PHC made their petitions non-maintainable.

The federal government's representatives, Additional Attorney Generals Aamir Rehman and Sanaullah, echoed this stance, asserting that the petitions were not admissible unless the petitioners first surrendered. Citing both domestic and international jurisprudence, the court underlined that fugitives cannot be granted relief by superior courts. It emphasized that constitutional courts cannot be reduced to forums for circumventing established judicial hierarchies.

The court ruled that until the petitioners surrender before the trial courts and file appeals through the prescribed procedure, their petitions before the PHC would remain ineffective. The bench consequently withdrew interim stay orders issued on August 1, 6, and 12, and adjourned the matter indefinitely, granting the petitioners the option to revive their cases once they surrender and comply with due process.

The ruling delivers a major legal blow to PTI's leadership, as three of its prominent figures remain disqualified. It also sets a significant precedent, reaffirming that constitutional protections cannot be invoked as a shield by those deemed fugitives until they respect the judicial process.