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Election 2024: PTI to now play without ‘bat’

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  • Justice Ejaz Khan announces reserved verdict.
  • PHC reinstates ECP’s December 22 decision.
  • PTI to approach Supreme Court against order.

PESHAWAR: The Peshawar High Court (PHC) on Wednesday revoked the stay order granted by its single-member bench, restoring the Election Commission of Pakistan’s (ECP) decision to declare PTI intra-party polls null and void and stripping it of its election symbol — bat. 

A single-member bench comprising Justice Ejaz Khan announced the verdict that the court had reserved hours earlier.  

Election commission’s lawyer Sikander Bashir Mohmand and PTI’s legal team — comprising Advocates Shah Faisal Uthmankhel and Qazi Anwar — appeared in the courtroom. 

In its six-page order, the PHC noted that its earlier verdict had “prima facie created hindrance in the smooth process of the election which Is to be conducted by the ECP”.

“…the interim order of this court passed in favour of the PTI is hereby recalled and consequently the Election Commission of Pakistan is directed to proceed with the election process as per its constitutional mandate.”

The electoral body had filed a review petition at the high court against the PHC’s December 26 decision, which had suspended the ECP’s order and restored the party’s ‘bat’ symbol till a final decision on the matter.

The ECP, in its order on December 22, had declared PTI’s intra-party polls “illegal” and stripped it of using the ‘bat’ symbol. 

Following its order, the former ruling party approached the PHC, seeking to restore its electoral symbol ahead of the general elections slated for February 8, as it is a major voter driving force.

In its petition, the ECP requested the court review the PTI’s intra-party elections and its decision related to the election symbol.

A PTI supporter holds the partys flags in this AFP file image.
A PTI supporter holds the party’s flags in this AFP file image.

Barrister Asad Rahim Khan told Geo.tv that following the setback in the PHC, the party can still knock on the doors of the Supreme Court of Pakistan.

“[However, PTI] also has a division bench hearing in the PHC on the 9th. Depending on that decision, it can then go to the Supreme Court,” the legal expert added.

Talking to reporters in Rawalpindi, PTI’s former chairman Barrister Gohar Khan said his party would move the apex court after due deliberations, noting that the SC “would not let this matter slide”.

“The Supreme Court has already stated that revoking a party’s symbol is tantamount to disbanding the entire party,” the PTI leader said, hoping that his party would get relief from the top court.

Gohar noted that all PTI ticket holders would run as independent candidates if the apex court did not accept the party’s plea, however, he said today’s decision has “damaged” democracy.

The hearing

At the outset of the hearing, Advocate Anwar said that he, along with Barrister Gohar Khan, will represent the PTI in this case.

“The political parties, in the court, said that they stand with the Election Commission,” said Anwar.

At this, Justice Khan said: “We have learned from you that these things are baseless in the eyes of law as whatever happens outside the court has nothing to do with the hearing”.

“Can the ECP approach the court against the high court’s ruling?” questioned PTI’s lawyer calling the electoral body’s petition incorrect.

Advocate Anwar said that the PHC announced its verdict on December 26, however, it has not yet been implemented. “Election Commission has not yet issued the [PTI] intra-party election certificate on the website,” he added.

“Did your party file any contempt case in this matter?” asked Justice Khan.

Following this, the PTI’s counsel said that sidelining a party was not good for the ECP or the democracy.

He said that the PTI wants the ECP to conduct free and fair elections.

Advocate Anwar then inquired about the electoral body’s authority to challenge a high court order. 

Later, the ECP’s counsel told the court that the body was not removing any political party from the list but required the parties to follow its laws.

Mohmand said that the PTI did not conduct intra-party polls, hence, the party elections have been declared null and void. He requested the court to withdraw the PTI’s stay order. 

The court then reserved the verdict after hearing arguments from both sides. 

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Sheikh Rasheed says PTI and government negotiations won’t provide any results.

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Sheikh Rasheed voiced his worries about the nation’s ongoing political dilemma while speaking outside the Anti-Terrorism Court.

According to Sheikh Rasheed, a committee was established to negotiate, but the process has not produced any tangible results. In order to emphasize the seriousness of the situation, he said, “Political conditions are extremely bad.”

He made the joke, “Even after war, if negotiations fail, then it will all come down to judo karate,” in reference to the next steps.

“Everyone there prays for Pakistan’s betterment,” Sheikh Rasheed, who had returned from Saudi Arabia, said. He emphasized the necessity for the nation’s circumstances to improve and stabilize.

Assad Qaiser, a former speaker and PTI leader, had earlier called on Speaker Ayaz Sadiq of the National Assembly to discuss the official start of talks with the government.

The two leaders shared their opinions on bringing parties together on matters of national importance and reducing political tensions and conflict.

“I will persuade my people, you persuade the hardliners in your party,” Ayaz Sadiq said to Assad Qaiser.

The party’s founder is in jail, and the PTI leadership has asked to meet with him. “We will continue to confer with him,” Assad Qaiser declared.

Earlier, PTI leader Shaukat Yousafzai stated that if the discussions don’t begin, a campaign of civil disobedience will begin on December 14.

Speaking to the media Regarding the meetings, Yousafzai claimed that the government ministers were making insincere remarks.

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Bushra Bibi maintains bail as the IHC concludes the FIA’s petition.

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The Islamabad High Court (IHC) conducted a hearing about the Federal Investigation Agency’s (FIA) plea for the revocation of Bushra Bibi’s bail.

The court, led by Justice Miangul Hassan Aurangzeb, rejected the FIA’s petition during the hearing.

Judicial Proceedings

Justice Miangul Hassan Aurangzeb sought information regarding Bushra Bibi’s location, to which her attorney, Barrister Salman Safdar, affirmed her attendance in court.

The judge urged the counsel to regard the matters with gravity, underscoring the necessity of adherence to trial protocols.

The court sought details about instances where Bushra Bibi had been exempted from attending trial hearings and clarified that if the High Court grants bail and the accused fails to appear, the trial court holds the authority to cancel the bail.

Justice Aurangzeb assured that such actions would not amount to contempt of the High Court’s order.

Based on these considerations, the court closed the proceedings and dismissed the FIA’s plea.

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The Supreme Court has granted the appeal of the PTI founder for a judicial probe into the events of May 9.

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The Supreme Court has officially accepted the plea submitted by the PTI chairman for a judicial probe into the events of May 9 for a comprehensive hearing.

The constitutional bench of the Supreme Court annulled the registrar’s office’s objections to the petition and instructed the office to allocate a case number and arrange the hearing.

The PTI chairman was represented by prominent attorney Hamid Khan, who appeared in court to argue for the petition’s admission.

The Lahore Anti-Terrorism Court (ATC) already convicted Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in connection with the incidents on May 9 and denied his bail on eight distinct counts.

The court’s finding was delivered in a six-page written order by ATC Judge Manzar Ali Gul.

The written ruling emphasized substantial evidence against the PTI founder, comprising audio and visual recordings of his directives to incite violence.

The court observed that witnesses had provided testimony on the conspiracy planned by Imran Khan at Zaman Park, where he purportedly strategized for his possible arrest by intending to disrupt state functions via his supporters.

Imran Khan’s legal counsel contended that he was in custody at the time of the incidents, proposing that bail be granted in accordance with precedents where bail was awarded in like circumstances following detention.

Nevertheless, the court rejected this argument, underscoring that the case’s nature was not a trifling issue of conspiracy or incitement.

The prosecution established that Mr. Khan had explicitly incited assaults on military and governmental facilities and had galvanized both his commanders and supporters to adhere to his directives.

The decision additionally cited the Lahore High Court’s finding regarding a prior release granted to Ijaz Chaudhry, highlighting Imran Khan’s involvement in the conspiracy. The court dismissed the defense’s challenge over the prosecution’s lack of specificity concerning the date, time, or location of the purported conspiracy, affirming that the scheme was allegedly devised on May 7 and May 9 at Zaman Park.

The prosecution asserts that undercover police officers, masquerading as PTI supporters, intercepted discussions outlining the scheme.

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