ISLAMABAD: The Supreme Court of Pakistan on Wednesday rejected a petition filed by Shibli Faraz, a senior PTI leader, to delay the by-election for a seat left vacant after his disqualification, affirming that the Senate by-poll, scheduled for Thursday (today), would proceed as planned.
A five-judge constitutional bench, led by Justice Aminuddin, heard Faraz’s appeal against the Peshawar High Court’s (PHC) decision to indefinitely adjourn proceedings on his plea against the Election Commission of Pakistan’s (ECP) notification that removed him from his seat.
Barrister Gohar Ali Khan, representing Faraz, argued that, given the ECP’s decision, the court should issue a stay order to halt the by-election.
He also sought a postponement, citing PTI’s recent removal from two key constitutional offices – those of opposition leader in the Senate and National Assembly – and the party’s need for additional time to address related legal matters.
However, Justice Hasan Azhar Rizvi asked how many seats were up for by-elections, to which Barrister Gohar responded that polling was being held for only one seat.
The bench made it clear that it would not intervene in the electoral process and dismissed the request to halt the by-election.
The counsel for the ECP argued that petitioners must first surrender before seeking judicial relief.
Justice Muhammad Ali Mazhar inquired whether the PHC had ruled on the case’s maintainability, to which Barrister Gohar confirmed the high court had not dismissed the petition.
Justice Jamal Khan Mandokhail said that the case involved fundamental rights, while Additional Attorney General Amir Rehman contended that such rights were contingent on punishment, referring to Faraz’s conviction by an anti-terrorism court in connection with the May 9, 2023, riots.
Justice Rizvi noted that the PHC should have issued a more concise ruling, rather than a lengthy 31-page judgment.
The bench also emphasised the importance of adhering to the by-election schedule, making clear that delays would not be entertained.
The court set aside the indefinite adjournment imposed by the PHC and reiterated its commitment to ensuring the electoral process remains unaffected by ongoing legal challenges.
In its final order, the court stressed that the by-election would proceed without delay, despite the continuing legal disputes surrounding Faraz’s disqualification.
Copyright Business Recorder, 2025
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