The Supreme Court of Pakistan delivered a significant ruling on Wednesday, overturning a Peshawar High Court (PHC) decision concerning Senator Shibli Faraz and clearing the way for a scheduled Senate election to proceed without delay.
A five-member constitutional bench, presided over by Justice Amin-ud-Din Khan, accepted an appeal from the senator against the PHC’s indefinite adjournment of proceedings related to an Election Commission of Pakistan (ECP) notification to de-seat him.
The apex court firmly rejected a plea to halt the electoral process. During the session, Justice Hasan Azhar Rizvi inquired, ‘How many seats are up for election tomorrow?’ Barrister Gohar responded that ‘only one seat is being contested,’ after which the bench affirmed it would not interfere in the Senate poll.
During the hearing, the ECP’s counsel argued that the petitioners must surrender to seek any legal relief. The proceedings also featured a debate on fundamental rights, with Justice Jamal Mandokhail remarking on their relevance. However, Additional Attorney General Aamir Rehman countered that “fundamental rights apply directly to punishment, and the petitioner has already been convicted by an anti-terrorism court.’
In a pointed critique of the lower court’s judgment, Justice Hasan Azhar Rizvi noted that the high court ‘should have issued its order in a single paragraph instead of writing 31 pages.’
Concluding the matter, the Supreme Court declared the Peshawar High Court’s order null and void. The judiciary disposed of Shibli Faraz’s petition and instructed the PHC to hear both sides and decide the pending case expeditiously on merit.