PESHAWAR: The Peshawar High Court on Wednesday extended a stay order restraining the National Assembly speaker and the Senate chairman from proceeding further on their respective notifications declaring the offices of the leader of the opposition in both houses vacant, following the disqualification of the incumbents by the Election Commission of Pakistan.

A bench consisting of Justice Wiqar Ahmad and Justice Kamran Hayat Miankhel also extended another interim order stopping the ECP from undertaking any further process pursuant to its Aug 5 notification of disqualifying Omar Ayub Khan and Shibli Faraz, who were leaders of the opposition in both the houses.

The bench directed the ECP to submit written comments within a fortnight in four petitions, two each by Omar Ayub and Shibli Faraz.

Through separate petitions, the two petitioners had first challenged their disqualification and de-notification as member of the National Assembly (MNA) and a senator, respectively, by the commission on Aug 5, following their convictions by an anti-terrorism court in Faisalabad on July 31.

PHC also stops ECP from further action on its Aug 5 notification

In those two petitions, the high court had issued the restraining order on Aug 6.

However, on Aug 7 and Aug 8, notifications were issued by the National Assembly and Senate secretariats, declaring the offices of Omar Ayub and Shibli Faraz as leader of the opposition in their respective house vacant.

Both of them had then filed fresh petitions also challenging the notifications of Aug 7 and 8, respectively. The high court had on Aug 12 granted a stay order to them restraining the NA speaker and the Senate chairman from proceeding further on the said notifications, thus stopping the appointment of leader of the opposition in the both the houses.

Barrister Gohar Ali Khan appeared for the petitioners and apprehended that, despite their party’s numerical majority, the respondents might facilitate the appointment of a new opposition leader without the mandate of the opposition benches in either house.

He stated that both the petitioners were serving as leaders of the opposition in both the houses of the parliament.

He further stated 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 violent protests erupted across the country following the arrest of former prime minister Imran Khan.

Barrister Gohar said that the petitioners were convicted by the ATC in their absence.

Following these convictions, he said the ECP had taken suo motu notice and issued the Aug 5 notification disqualifying the petitioners.

He contended that in an earlier judgment in Azhar Siddique versus Federation of Pakistan case of 2012, the Supreme Court had declared that the ECP had no jurisdiction in the matter to act without a reference from the NA speaker or the Senate chairman, as required under Article 63 of the Constitution.

He argued that the ECP had misinterpreted the said SC judgment and issued the impugned order of disqualifying the petitioners.

An additional attorney general, Sanaullah Khan requested the bench to recall the stay orders as both the houses of the parliament had been functioning without leader of the opposition.

He also requested the bench not to club the two sets of petitions as the issues challenged therein were different.

However, the bench observed that decision in earlier petitions challenging the disqualification of the petitioners might affect the outcome of the other petitions.

The AAG contended that without an opposition leader the house couldn’t function.

Barrister Gohar opposed his request arguing that the house could be run without an opposition leader.

He stated that they were still having 76 members in the National Assembly and leader of the opposition would be nominated by them.

He pointed out that they were earlier having 91 members, but the speedy manner in which their members were disqualified was unmatched.

A special secretary (law) of the ECP, Mohammad Arshid, stated that they had not received reply from the commission. He requested the bench to allow them time for submitting the comments.

The bench decided to extend the stay order till next hearing.

Published in Dawn, August 21st, 2025