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.
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.
Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.
He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.
He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”
The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.
Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.
According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.
Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.
As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.
The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.
The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.
Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.
In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.
Defense arguments The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.
Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.
Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.
Position of the prosecution The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.
Status of Co-Accused The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.
Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.
In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.
Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.
Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”
The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”