The Peshawar High Court (PHC) has restrained the Speaker of the National Assembly and the Chairman of the Senate from appointing new opposition leaders, following the disqualification of Omar Ayub and Shibli Faraz.
A two-member bench headed by Justice Arshad Ali heard the case on Tuesday against the Election Commission of Pakistan’s (ECP) August 5 decision to de-notify nine lawmakers, including the opposition leaders in both houses.
Read also: NA ousts PTI's Omar Ayub as opposition leader
Barrister Gohar, representing the petitioners, argued that the ECP could not invoke Article 63(1)(h) on its own without due process.
He also expressed concern that the opposition leader’s positions might be handed over to another party before the case concludes.
ECP disqualified 9 lawmakers after atc verdict
The ECP disqualified Omar Ayub, Shibli Faraz, and seven other PTI members after an Anti-Terrorism Court (ATC) in Faisalabad convicted them in connection with the May 9 violence. The lawmakers were handed prison sentences exceeding two years, triggering constitutional provisions for disqualification.
RELATED: ECP disqualifies 9 PTI lawmakers, including Senate, NA opposition leaders
Those affected include MNAs Rai Haider Ali Khan, Sahibzada Muhammad Hamid Raza, Rai Hassan Nawaz Khan, Zartaj Gul, and MPAs Muhammad Ansar Iqbal, Junaid Afzal Sahi, and Rai Muhammad Murtaza Iqbal.
Stay order issued, next hearing set for Aug 15
Justice Arshad Ali noted the court had already issued a stay order in the disqualification matter, questioning the urgency of further action. The bench has issued notices to the ECP and other respondents, adjourning the hearing until August 15.
