The Supreme Court on Wednesday rejected Pakistan Tehreek-e-Insaf leader Shibli Faraz’s plea to suspend the Senate elections for his vacant seat, ruling that it would not intervene in the electoral process.
A five-member constitutional bench, headed by Justice Aminuddin Khan, heard the case. The Supreme Court (SC) set aside the earlier decision of the Peshawar High Court (PHC) to adjourn the matter indefinitely and directed it to hear both sides and decide on the merits of the pending petition.
A special anti-terrorism court (ATC) in Faisalabad had earlier sentenced Pakistan Tehreek-e-Insaf (PTI) leaders Shibli Faraz and Omar Ayub to 10 years in prison each for their alleged role in the May 9, 2023 riots following the arrest of Imran Khan.
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Following his conviction, the Election Commission of Pakistan (ECP) disqualified nine PTI legislators, including Senate Opposition Leader Faraz and National Assembly Opposition Leader Ayub.
Faraz and Ayub initially challenged their disqualifications before the PHC, but their appeals were dismissed as “unsustainable” as they had not been submitted to the court. They then approached the SC to challenge the ECP’s decision.
Earlier, the same ATC imposed another 10-year sentence on both leaders in a separate case related to an attack on PML-N leader Rana Sanaullah’s residence during the May 9 violence.
During the SC proceedings, PTI chairman Barrister Gohar argued that the Senate election for Faraz’s vacant seat, scheduled for Thursday i.e. tomorrow, should be stayed until the issue of his disqualification is resolved.
Justice Hasan Azhar Rizvi questioned the application and asked, “When you have already nominated a candidate for the Senate elections, why are you seeking a stay order?” Justice Jamal Khan Mandokhail suggested that the nomination could have been an obligation, while Justice Rizvi emphasized that the court could not issue a restraining order in such circumstances.
The court reiterated that it could not intervene in the electoral process and noted that the PHC must now decide the case after hearing both sides. When Justice Rizvi asked him how many seats were up for election, advocate Gohar replied, “Only one.”
Additional Attorney General (AAG) Aamir Rehman pointed out that the Speaker was sued in the PHC case, but not before the SC.
He added that the petitioners (PTI leaders) convicted by the ATC should surrender before seeking relief. Justice Muhammad Ali Mazhar asked if the PHC had ruled on the maintainability of the petition. Advocate Gohar responded that the case had not yet been dismissed, while Judge Mandokhail commented: “We cannot do anything at this time.”
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The AAG also highlighted that the PHC had observed that the petitioners were avoiding the legal process. Justice Mandokhail questioned why they had not been arrested if they appeared before the high court. Justice Rizvi observed that the PHC had issued a 31-page judgment when a single additional paragraph would have been sufficient.
Outside the court, PTI president Barrister Gohar told reporters that the party had challenged the ECP’s notification disqualifying Shibli Faraz. He said the Supreme Court had invalidated the PHC’s indefinite adjournment and ordered it to hear both sides.
Gohar lamented that “it is unfortunate that the Senate elections are being held tomorrow. We had requested the court to postpone it, but the court said it did not want to create more complications.”
He noted that several other disqualification cases were related to this matter and expressed hope that once the case progresses in the high court, the party will get relief. He reiterated: “The Electoral Commission has no authority to disqualify any senator without a reference from the Senate president.
