0
PESHAWAR: The Peshawar High Court (PHC) on Wednesday stopped the Election Commission of Pakistan (ECP) from taking any further action on a recent notification disqualifying PTI stalwarts Shibli Faraz and Omar Ayub Khan — the Senate and National Assembly opposition leaders, respectively — and declaring their seats vacant.
A two-member bench comprising Justice Syed Arshad Ali and Justice Farah Jamshed issued notices to the ECP, seeking its response to separate petitions filed by the two PTI leaders. The petitions challenge the ECP’s Aug 5 notification, which followed their convictions by an anti-terrorism court (ATC) in Faisalabad.
The bench fixed Aug 20 for the next hearing.
Counsel for the petitioners, Bashir Khan Wazir, told the court that the two leaders were among several PTI members charged under multiple laws, including the Pakistan Penal Code, Anti-Terrorism Act, Arms Ordinance, Punjab Maintenance of Public Order Ordinance, Official Secrets Act and the Army Act.
The charges stemmed from an FIR registered at the Civil Lines Police Station in Faisalabad on May 9, 2023, when riots and arson attacks erupted across the country following the arrest of former PM Imran Khan.
The ATC convicted them on July 31, 2025, in their absence. The counsel stated that both leaders are now in the process of challenging their convictions before the Lahore High Court (LHC), and the PHC has already granted them protective bail to allow them to file their appeals.
He argued that since the ATC judgment had not attained finality, the ECP’s move to disqualify the lawmakers under Article 63(1) of the Constitution, without providing them with an opportunity to be heard or waiting for the outcome of appeals, was premature and unlawful.
The petitioners also feared that the ECP may soon announce by-election schedules for their vacated seats, prompting the request for interim relief.
Mr Wazir pointed out that, unlike a recent case involving MNA Abdul Latif from NA-1 Chitral — where the National Assembly speaker sent a reference to the ECP — no such reference was made in these cases, and the commission acted unilaterally.
Additional Attorney General Sanaullah Khan opposed the plea.
Bails granted
The bench granted protective bail to Shibli Faraz and another disqualified MNA, Zartaj Gul, until Aug 11, directing them to approach the LHC by then to file their appeals against the ATC verdicts. A day earlier, Omar Ayub was granted bail until Aug 8.
Advocate Syed Sikander Hayat Shah appeared on their behalf, stating that M Faraz and Ms Gul were convicted in three separate FIRs and sentenced to 10 years each by the ATC.
Regarding Zartaj Gul, the bench questioned why she approached the PHC instead of a court in her home region of Dera Ghazi Khan. Her counsel replied that the ATC ruling was issued in her absence, and she now required protective bail to safely approach the LHC for appeal, fearing arrest while visiting the court.
Media talks
Speaking to the media outside the court, Mr Ayub said they were convicted despite not being named by witnesses, and that the ECP disqualified them without completing the due legal process.
“We will appeal our convictions in the LHC,” he said, adding that peaceful PTI protesters in Punjab were subjected to tear gas and baton charges. He questioned how foreign investment could come to a country where the “largest political party” was being targeted.
Mr Ayub also criticised National Assembly Speaker Sardar Ayaz Sadiq, accusing him of blocking the appointment of a new Chief Election Commissioner. “They are appointing only those who suit them,” he alleged.
Similarly, Zartaj Gul said that first, the general elections were stolen and now elected members were being disqualified.
“People voted for PTI, but a party with 17 seats was given the government,” she said. She expressed her resolve to stand by Imran Khan come what may, describing the punishments as temporary.
Published in Dawn, August 7th, 2025
