Achakzai's appointment as opposition leader challenged in Federal Constitutional Court

Akbar Babar moves court, argues jailed and disqualified Imran Khan cannot legally nominate opposition leader

ISLAMABAD:

The appointment of Mahmood Khan Achakzai as Leader of the Opposition in the National Assembly, following his nomination by Pakistan Tehreek-e-Insaf founder and former prime minister Imran Khan, has been challenged in the Federal Constitutional Court (FCC)

Justice (retd) Shaukat Aziz Siddiqui, counsel for PTI founding leader Akbar S Babar, filed a 55-page constitutional petition on Monday challenging the appointment. Supreme Court lawyer Imran Shafiq and advocate Hanbal Murad Siddiqui will assist in the case.

The petition argues that the procedure adopted for the appointment was neither independent nor in accordance with the rules, and that relevant provisions of the Constitution and law were violated in the process.

The petition states that Rule 39(3) of the National Assembly Rules of Procedure 2007 was not followed, as the mandatory process of independently verifying the signatures and consent of National Assembly members was not completed, resulting in a violation of constitutional guarantees under Articles 4 and 17.

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The court has been requested to restrain Achakzai from participating in the constitutional process as Leader of the Opposition until a final decision on the petition is reached.

Babar’s position is that the appointment constitutes a serious constitutional violation, as Achakzai was nominated by Imran, who is incarcerated and has been declared disqualified from holding public office. Under Articles 62 and 63 of the Constitution, the petition argues, a disqualified individual cannot directly or indirectly interfere in the political process.

The petition further contends that the Speaker’s authority to announce the appointment of the opposition leader is not unconditional but contingent upon confirmation of the free and voluntary opinion of members, making signature verification a mandatory requirement rather than a formality or discretionary power.

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The FCC has been requested to declare the notification appointing Achakzai as Leader of the Opposition null and void, illegal, and without lawful authority.

The court has also been asked to direct the Speaker to initiate a fresh appointment process in accordance with Rule 39(3) and to restrain Achakzai from participating in the constitutional process under Articles 175A, 213 and 224A until a final decision is reached.