Peshawar:
The Superior Court of Peshawar (PHC) has withdrawn the provisional relief granted to the leaders of Pakistan Tehreek-E-Insaf (PTI) Omar Ayub, Shibli Faraz and Abdul Latif in their cases of disqualification, declaring that no fugitive can claim constitutional rights until they are delivered before the competent courts.
In a detailed verdict of 31 pages authorized by Judge Syed Arshad Ali and announced by a bank of two members comprised of Judge Syed Arshad Ali and Judge Faheem Wali, the court categorically argued that the courts of first instance cannot avoid the legal process and seek relief directly from the Superior Court.
The requests had challenged disqualification notifications issued against the three PTI leaders after their convictions by the Anti -Terrorist Courts (ATC). Omar Ayub and Shibli Faraz were sentenced on July 31 by ATC Faisalabad, while Abdul Latif was sentenced in May by an ATC in Islamabad.
During the hearings, the tips of the petitioners, the lawyer Gohar Khan who represents Omar Ayub and Shibli Faraz, and the Moazzam Butt defender representing Abdul Latif, argued that his clients were not fugitive, as they had appeared before the relevant forums in the previous procedures. They argued that under constitutional and international principles, their clients were entitled to fundamental rights, including the right to appeal.
The lawyer Gohar also argued that depriving the petitioners of his constitutional protections amounted to denying access to citizens to justice. He stressed that PTI leaders were present before PHC and, therefore, could not be considered fugitive in the strict sense of the law.
On the other hand, the lawyer’s lawyer, Barrimer Sajeel Swati, insisted that the petitioners were fugitive, since they had not surrendered to the courts of first instance after their convictions. He argued that omitting the appeal procedure and directly approaching the PHC made its requests not maintainable.
The representatives of the federal government, the general additional lawyers AAMIR Rehman and Sanullah, echoed this position, stating that the requests were not admissible unless the petitioners surrender for the first time. Citing national and international jurisprudence, the court stressed that fugitives cannot receive relief by the superior courts. He stressed that constitutional courts cannot be reduced to forums to avoid established judicial hierarchies.
The Court ruled that until the petitioners surrender to the courts of first instance and present appeals through the prescribed procedure, their requests before the PHC would remain ineffective. Consequently, the Bank withdrew the provisional stay orders of August 1, 6 and 12, and postponed the matter indefinitely, granting the petitioners the option to revive their cases once they surrender and comply with due process.
The ruling offers a great legal blow to PTI’s leadership, since three of its prominent figures remain disqualified. It also establishes a significant precedent, reaffirming that constitutional protections cannot be invoked as a shield by those considered fugitive until they respect the judicial process.
