PESHAWAR; The Peshawar High Court (PHC) on Friday returned the petitions filed by Sunni Ittehad Council (SIC) Chairman Sahibzada Hamid Raza and other lawmakers challenging their disqualification by the Election Commission of Pakistan (ECP), directing them to approach their respective high courts instead.
Earlier, the court had reserved its verdict on the pleas seeking suspension of the ECP notification regarding their disqualification.
During proceedings, the petitioners’ counsel, Syed Sikandar Shah, argued that his clients, members of both the National Assembly and Provincial Assembly, were disqualified by the ECP on August 5 following their conviction and sentencing by an Anti-Terrorism Court (ATC) in Faisalabad.
He contended that the verdict was delivered in their absence and the ECP de-seated them overnight without waiting for the filing of appeal petitions. Shah further maintained that mere conviction was not sufficient for disqualification, citing past judicial precedents in support of his stance.
However, Additional Attorney General (AAG) Sana Ullah and ECP representatives objected, asserting that the constituencies in question fall within Punjab, and therefore the petitioners should seek remedy from the Lahore High Court (LHC) or Islamabad High Court (IHC).
Justice Waqar Ahmad observed that when millions of people elect a representative, the rights of voters are also impacted by such decisions. He remarked that not every conviction necessarily results in disqualification from legislative membership.
At the conclusion of the hearing, the PHC announced its decision to return the petitions, instructing the petitioners to approach the relevant high courts for further legal recourse.
