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ISLAMABAD, Oct 29 (APP):The Supreme Court on Wednesday set aside the Peshawar High Court’s order in the Shibli Faraz case and directed the High Court to decide the pending petition after hearing all parties. The apex court also rejected a plea to stop the Senate election.
A five-member constitutional bench headed by Justice Amin-ud-Din Khan heard the appeal filed by Senator Shibli Faraz against the Peshawar High Court’s decision to indefinitely adjourn proceedings on his petition challenging the Election Commission’s notification that de-seated him.
Barrister Gohar, representing Shibli Faraz, argued that since the Election Commission had de-seated his client, the court should issue a stay order and suspend polling for the vacant Senate seat.
Justice Hasan Azhar Rizvi asked how many seats were up for election, and Barrister Gohar replied that polling was being held for only one.
The bench observed that the court would not interfere in the election process and dismissed the request to halt the polling.
Counsel for the Election Commission contended that the petitioners must surrender before seeking relief.
Justice Muhammad Ali Mazhar asked whether the Peshawar High Court had ruled on the case’s maintainability, to which Barrister Gohar replied that it had not been dismissed.
Justice Jamal Mandokhail remarked that the matter related to fundamental rights, while Additional Attorney General Amir Rehman argued that such rights were linked to punishment, noting that the petitioners had been convicted by an anti-terrorism court.
Justice Hasan Azhar Rizvi observed that the High Court should have issued a brief order instead of writing a 31-page judgment.
The Supreme Court then set aside the Peshawar High Court’s decision, disposed of the appeal, and directed the High Court to hear both sides and decide the pending petition on merit.