PHC Freezes Appointment of New Opposition Leaders in NA, Senate

PESHAWAR – The Peshawar High Court (PHC) has stepped in to stop the appointment of new opposition leaders in the National Assembly and the Senate — at least for now.

The order came Tuesday, just a week after PTI’s Omar Ayub and Shibli Faraz were removed from those posts following their disqualification by the Election Commission of Pakistan (ECP).

From Disqualification to Courtroom

On August 5, the ECP ruled that Ayub, Faraz and several other opposition lawmakers stood disqualified after being convicted in three cases tied to the May 9, 2023 unrest. Under Article 63(1)(g) of the Constitution, anyone convicted of an offence involving moral turpitude or corrupt practices can’t remain a parliamentarian.

Three days later, the NA and Senate secretariats made it official — both leaders were out of their positions.

Hearing in PHC

A two-member bench of Justices Arshad Ali and Dr Khurshid Iqbal heard petitions from Ayub and Faraz on Tuesday. PTI’s interim chairman, Barrister Gohar Ali Khan, was in court as their lawyer.

After brief arguments, the judges issued notices to the ECP and other respondents, instructing them to hold off on filling the posts until the next hearing on August 15. The bench also sought written responses from all sides before that date.

Inside the courtroom, Gohar argued that the ECP had “no role left” once a member was elected opposition leader. He told the court PTI’s numbers in parliament had been drastically cut.

“We came with 90 seats, now we’re left with 23,” he said, adding, “The government wants to bring another party’s opposition leader.”

He also complained about what he called a “season of disqualifications” — claiming even MNA Abdul Latif had been removed based on the wrong legal precedent.

An Earlier Order That Came Too Late

This isn’t the first time the PHC tried to intervene. On August 6, another bench, including Justice Farah Jamshed, barred the ECP from taking any action against Ayub and Faraz. But that order arrived after the disqualification notices had already been issued. It also granted protective bail to Ayub, Faraz and PTI leader Zartaj Gul until August 20.

Outside the Court: Politics and Protests

Speaking to the media after the hearing, Gohar called for an end to disqualifications, saying they would not solve any political problem. He also confirmed PTI’s plan to hold rallies across the country on August 14 to celebrate Independence Day and demand Imran Khan’s release — despite the government asking the party to reschedule.

Ayub, speaking separately, turned his criticism toward the economy, alleging multi-billion-rupee corruption scandals in the petroleum sector. “They’re burdening the people while enjoying themselves,” he said.

May 9 Cases — The Legal Chain

The disqualifications link back to the violent protests that erupted after Imran Khan’s arrest last May. Thousands were detained. Dozens of cases went to anti-terrorism courts. Others ended up before military courts.

Ayub, Faraz, Zartaj Gul and Sunni Ittehad Council chief Hamid Raza were convicted under Sections 109 (abetment) and 120-B (criminal conspiracy) of the Pakistan Penal Code in a case registered at Faisalabad’s Ghulam Muhammadabad police station.

In a second case from the same station, 60 of the 67 accused were convicted; seven were acquitted.

In another case at Civil Lines police station, 107 of 108 accused were given 10-year sentences, with one person receiving three years. Seventy-seven others were acquitted.

Among those acquitted in all three cases were former information minister Fawad Chaudhry, MNA Zain Qureshi, MPA Khayal Ahmad Kastro and Faizullah Kamuka.

More Sentences Across Punjab

On July 23, a Lahore ATC sentenced Dr Yasmin Rashid, Omar Sarfraz Cheema, Mian Mehmoodur Rasheed and others to 10 years in a case over vandalism at Sherpao Bridge. The same day in Sargodha, another ATC handed sentences to dozens of PTI leaders, including then-Punjab Assembly opposition leader Malik Ahmed Khan Bhachar, in a separate May 9 case.

Military Court Proceedings

On December 21 and 26 last year, military courts sentenced 85 civilians — among them Imran Khan’s nephew Hassaan Niazi — to prison terms of up to 10 years. Days later, mercy petitions for 19 were accepted on humanitarian grounds. Forty-eight other pleas went to Courts of Appeal.