The Superior Court of Peshawar (PHC) issued on Tuesday a suspension order for the appointments of new opposition leaders in the National Assembly and the Senate after the disqualification and elimination of Omar Ayub and Shibli of PTI of their respective roles.
On August 5, the Pakistan Electoral Commission (ECP) had disqualified Ayub and Faraz, along with other AMN and Opposition MPA, after its convictions in three cases related to the disturbances of May 9, 2023.
Subsequently, on August 8, both leaders were withdrawn from their positions through notifications issued by the NA and the Secretariats of the Senate.
A division bank comprising Judges Arshad Ali and Dr. Khurshid Iqbal collected separate requests presented today by Ayub and Faraz against the denotification of their parliamentary roles.
PTI’s interim president, lawyer Gohar Ali Khan, appeared as a lawyer for both petitioners.
The Bank issued notices to the ECP and other respondents, ordering them to stop the appointments for the opposition leader in both Chambers of Parliament, which are currently vacancies.
The Court postponed the hearing until August 15 (Friday), looking for responses from respondents.
During the audience, Gohar reported the bank of the details of recent developments. “When a MNA becomes the opposition leader, then the role of the ECP no longer remains,” he said.
“May 9 was an unfortunate incident, which should not have happened,” said the PTI leader. He argued that the ECP recently also disqualified MNA Abdul Latif from the NA-1 by “cite the incorrect reference of the [2012] Azhar Siddique case ”.
“We won 180 seats, we entered Parliament with 90 seats and now we have 23,” PTI’s lawyer lamented.
“Now the government wants to bring the opposition leader of another party,” said Gohar, asking the court to issue directives to stop any additional action against Ayub and Faraz.
A PHC bank that Judge Ali and Judge Farah Jamshed had also prohibited the ECP from taking measures against Ayub and Faraz on August 6, but it was in vain since the order arrived a day after its disqualification.
The court had also granted the two leaders, as well as Sartaj Gul, a protective bond until August 20.
The Gohar Regrets’ disqualification season
Speaking to the media outside the PHC, Gohar asked that the “disqualifications” season will come to an end.
“These disqualifications are not the solution to any problem,” said the PTI leader. “I will ask everyone to come to their senses now.”
Refuting friction reports within the leadership of the party, he said: “There is no weakness in our team; we are being oppressed.”
Gohar also reaffirmed the intention of the PTI to organize meetings throughout the country on August 14 to “celebrate Independence Day and raise the voice” for the release of former Prime Minister Imran Khan, despite the government’s call to reprogram the protests.
A statement issued by the PTI and attributed to Imran has called on August 14 as the “next important day” of the new protest movement of the party.
However, Gohar also recognized the need for a dialogue to resolve the political crisis ongoing.
Speaking to the media outside the PHC, Ayub highlighted the “growing” inflation in the country. “These people (government) are having fun carrying the people of Pakistan,” he said.
He claimed: “There has been a scandal of more than RS500 billion in the oil sector. There was another scandal worth RS2,000 billion that has come to light.”
Prayers against opposition accumulate
On May 9, 2023, the supporters of PTI, the arrest of the founder of protest of the Imran Khan party, organized violent protests throughout the country, after which thousands were arrested.
The PTI parliamentarians convicted in the cases of May 9 would face the automatic disqualification of article 63 (1) (g) of the Constitution, which prohibits the members condemned by crimes involving moral disturbances or corrupt practices.
An anti -terrorism court of Faisalabad on July 31 had sentenced the 100 leaders and workers of PTI to the terms of the prison of up to 10 years in relation to the riots. Ayub, Faraz, Sartaj Gul de PTI and the head of the Sunita Ittehad Council, Hamid Raza, were among the key leaders of the opposition delivered rigorous imprisonment.
They were convicted by virtue of sections 109 (punishment for incrustation) and 120 B (criminal conspiracy) of the Pakistan Criminal Code (PPC) in a case recorded at the Ghulam Muhammadabad Police station.
In another case registered in the same police station, 60 of 67 accused were convicted, while seven were acquitted.
In the case presented at the Linnes Civil Police Station, 107 of 108 defendants were sentenced to 10 years in prison and a person received a three -year prison sentence, while 77 were acquitted.
Former Information Minister Fawad Chaudhry, Mna Zain Qureshi (son of PTI Vice President Shah Mahmood Qureshi), Mpa Khayal Ahmad Kastro and Faizullah Kamuka were acquitted in all three cases.
The judge had issued arrest orders for those convicted who were not present in the Court and had ordered the police to arrest all the convicted and brought them before the court for their prison.
Separate, on July 23, an ATC Lahore had delivered Yasmin Rashid, Omar Sarfraz Chema, Mian Mehmoodur Rasheed and other PTI leaders in a rigorous case of 10 years in a case related to vandalism on the Sherpao bridge. However, Qureshi and five others were acquitted.
The same day, a Sargodha ATC had sentenced dozens of PTI leaders, including the then opposition leader of the Punjab Assembly, Malik Ahmed Khan Bhachaha, in another case of May 9 disturbances recorded at the Musakhel Police station.
On December 21 and 26 of last year, a military court sentenced 85 civilians, including the nephew of former Prime Minister Imran Khan Hassa Niazi, up to 10 years for his participation in the disturbances of May 9.
However, days later, the requests of mercy of 19 accused were later accepted by humanitarian reasons, while another 48 templates had been prosecuted to the appeal courts.
Disqualifications issues, convictions can only be resolved by sitting to talk: Minister of Law
The Minister of Law and Justice, Azam Nazeer, Tarar, said: “Disqualifications problems can only be solved by sitting for conversations, not stirring documents in the air.”
Speaking in the Senate while he was heading to the opposition, Tarar said: “I will not go into debate about punishments, but on May 9, people saw Jinnah House burn.”
He added that if someone commits a crime, there is a legal course that must be followed, and within that course, there are legal remedies such as provisional relief. “This is how the judicial system works,” he said.
He also talked about PTI Mna Jamshed Dasti received relief from the Superior Court of Lahore after his disqualification.
