The Supreme Court rejected Pakistan Tehreek-e-Insaf leader Shibli Faraz’s plea to suspend the Senate election for his vacated seat on Wednesday, 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 Peshawar High Court’s (PHC) earlier decision to indefinitely adjourn the matter and directed it to hear both parties and decide the pending petition on merit.
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 Imran Khan’s arrest.
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Following their conviction, the Election Commission of Pakistan (ECP) disqualified nine PTI lawmakers, 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 “non-maintainable” since they had not surrendered before the court. They then approached the SC to contest the ECP’s decision.
Earlier, the same ATC handed both leaders another 10-year sentence 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 halted until the matter of his disqualification is resolved.
Justice Hasan Azhar Rizvi questioned the request, asking, “When you have already nominated a candidate for the Senate election, why are you seeking a stay order?” Justice Jamal Khan Mandokhail suggested the nomination might have been a compulsion, while Justice Rizvi emphasized that the court could not issue a restraining order in such circumstances.
The bench reiterated that it could not intervene in the election process, noting that the PHC must now decide the case after hearing both sides. When asked by Justice Rizvi how many seats were up for election, Barrister Gohar replied, “Only one.”
Additional Attorney General (AAG) Aamir Rehman pointed out that the Speaker was made a respondent in the PHC case but not before the SC.
He added that petitioners (PTI leaders) convicted by ATC must surrender before seeking relief. Justice Muhammad Ali Mazhar inquired if the PHC had ruled on the maintainability of the petition. Barrister Gohar replied that the case had not been dismissed yet, while Justice Mandokhail remarked, “We cannot do anything at this stage.”
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The AAG also highlighted that the PHC had noted 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 sufficed.
Outside the court, PTI Chairman 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 directed it to hear both sides.
Expressing regret, Gohar added, “It’s unfortunate that the Senate election is being held tomorrow. We had requested the court to postpone it, but the court said it did not want to create further complications.”
He noted that several other disqualification cases were connected to this matter and expressed hope that once the case proceeds in the high court, the party would get relief. He reiterated, “The Election Commission has no authority to disqualify any senator without a reference from the Senate chairman.
