SC rejects Shibli’s plea to stop Senate by-election

ISLAMABAD: The Supreme Court (SC) on Wednesday rejected a plea by Pakistan Tehreek-e-Insaf (PTI) leader Shibli Faraz seeking to halt the Senate by-election, scheduled for Thursday (today) on a vacant Upper House seat.

A five-member constitutional bench, headed by Justice Aminuddin Khan, heard the appeal, filed by the former leader of the opposition in the Senate against a Peshawar High Court (PHC) decision that had adjourned the hearing of his petition challenging the Election Commission of Pakistan’s (ECP) notification de-seating him from the opposition leader’s position. Other members of the bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi and Justice Shakeel Ahmed.

The bench, while disposing of the case, set aside the PHC’s earlier decision and directed the high court to decide the pending petition. However, it rejected Shibli Faraz’s request to stay the Senate election, observing that the apex court would not interfere in the electoral process.

The court noted that a preliminary hearing had already been conducted on October 27, with notices issued to relevant parties for October 29. The bench also noted that former opposition leader in the National Assembly Omar Ayub Khan had been allowed to withdraw his related appeal. Both Omar Ayub and Shibli Faraz had challenged the ECP’s notifications disqualifying them from their parliamentary positions and barring them from holding public office for five years, following their convictions by an Anti-Terrorism Court (ATC) in Faisalabad, which had sentenced them to 10 years of rigorous imprisonment in absentia and declared them absconders.

During the hearing, Barrister Gohar Ali Khan urged the court to stay the Senate by-election. However, Justice Hassan Azhar Rizvi pointed out that PTI had already nominated a candidate for the seat. “When you have nominated a candidate, why are you seeking a stay order?” he asked. Barrister Gohar replied that only one seat was up for election and alleged that the ECP had “disgracefully removed” PTI’s leadership. The court, however, maintained its stance against intervention.

Additional Attorney General Chaudhry Aamir Rehman informed the court that the National Assembly Speaker was a party to the PHC case but not to the current proceedings. Similarly, lawyer representing the Election Commission told the court that in order to seek relief in the instant case, arrest is mandatory.

Justice Muhammad Ali Mazhar questioned whether the PHC had ruled on the maintainability of Shibli’s petition. Barrister Gohar confirmed it had not. “Whatever the situation, a decision should have been made,” remarked Justice Mazhar. Justice Jamal Mandokhail observed that the Supreme Court could not intervene at this stage, while the Additional Attorney General contended that the PHC should have concluded the case.

The ECP’s lawyer further stated that the PHC had found the petitioner attempting to evade the law. Justice Mandokhail asked if Shibli Faraz had appeared before the PHC, adding that if he had, his arrest should have followed. The Additional Attorney General informed the bench that the accused had not appeared before either the PHC or the Supreme Court. Justice Hassan Rizvi noted that the PHC had issued a 31-page order instead of a brief ruling, saying it should have sufficed with a short paragraph. After hearing all parties, the Supreme Court disposed of Shibli Faraz’s appeal, directing the Peshawar High Court to decide the pending matter in due course.