PTI seeks early hearing of Omar Ayub, Shibli Faraz’s disqualification case

The Pakistan Tehreek-e-Insaf (PTI) has sought early hearing of its senior leaders Omar Ayub and Shibli Faraz’s disqualification case by the Supreme Court, as elections on the seats vacated by them are scheduled soon.

PTI Chairman Barrister Gohar Khan on Friday said they had lodged a second application seeking hearing of petitions, filed on behalf of Omar and Shibli, on Monday or any other day the next week. “It is most urgent to hear otherwise the petitions would become infructuous which is not warranted in the law,” he wrote on his social media account.

Omar and Shibli, along with other parliamentarians belonging to the PTI, were disqualified by the Election Commission of Pakistan (ECP) on August 5 on the basis of his conviction by an anti-terrorism court, Faisalabad, in the 9th May incidents.

Omar earlier assailed the ECP order of their disqualification before the Peshawar High Court (PHC), which, through an order dated August 6, restrained the ECP from taking any adverse action against the petitioner.

Conviction in 9th May cases: Omar Ayub challenges PHC order

Even though the petition was pending before the PHC, the speaker National Assembly, without hearing the petitioner, had de-notified him as leader of the opposition and member of the National Assembly on August 7.

Omar also assailed the NA Speaker’s order before the PHC, which on August 8 restrained the respondents from undertaking any further process pursuant to that notification.

The single judges’ orders were challenged by the respondents before the Division Bench of the PHC, which, on October 1, ordered Omar and other petitioners “to first surrender before the competent court (ATC). Upon doing so, they may move an appropriate application for the resurrection/revival of their petitions.” The PHC DB declared, “The petitions raise issues concerning the enforcement of the petitioners’ fundamental rights and therefore the same ought not to be dismissed on the grounds of maintainability. It, however, directed that the interim relief granted to the petitioners vide orders dated 01-08-25, 06 August 2025, and 12 August 2025 stands vacated.”

Following that, the former opposition leader in the national assembly and PTI bigwig challenged the PHC order wherein he and other accused convicted in the May 9 related cases were directed to surrender before the competent court.

PTI leader Omar on October 4, through Barrister Gohar, filed a civil petition before the Supreme Court under Article 185(3) of the Constitution against the order of the PHC’s Division Bench.

Omar contended that the impugned order is not sustainable in law as it has denied remedy to him against the violation of his fundamental rights.

He submitted that the PHC DB misapplied the law and misread material documents that had caused a miscarriage of justice to him. He stated that the issue of fugitive from justice has been unduly emphasised and applied to refuse the relief to the petitioner, while he was present before the Court and had filed an affidavit with the petition, and was appearing before the High Court. In such cases, the petitioner ought not to be considered as ‘fugitive from justice’.

Omar contended that the impugned order is too presumptive to be sustainable. The High Court has observed on presumption that “even if relief is granted, the petitioner may not be able to appear before the ECP” and “even if relief is granted, the petitioner cannot return to perform his constitutional duties.”

In his application, Gohar has said the applicant Omar has not only been deseated as MNA and as leader of the opposition but has also been disqualified for five years without hearing him and without any reference from the speaker.

Since, the schedule for holding of election for the posts of leader of opposition in NA and leader of opposition in Senate has been announced, this petition should be heard early otherwise it would become infructous which is not warranted in the law, he said. Nominations for the seat vacated by Omar are to be filed from October 15 to 17 and election would be held on November 23, he said.

Whereas, nominations for the seat vacated by Shibli were invited on October 8 and 9 and election on this seat would be held on October 30, read the application.