The challenge to Mahmood Khan Achakzai’s appointment as Leader of the Opposition by his former mentor Imran Khan has ignited a legal firestorm. In response, PTI founding leader Akbar S Babar filed a comprehensive constitutional petition with the Federal Constitutional Court (FCC). The 55-page document argues that the process violated fundamental rules and provisions in the Constitution.
Babar’s lawyers, Supreme Court attorney Imran Shafiq and advocate Hanbal Murad Siddiqui, are representing the petition. They assert that Rule 39(3) of National Assembly Rules was not properly executed. This rule mandates independent verification of signatures and consent from National Assembly members to validate an appointment.
The critics contend that Achakzai’s nomination breaches constitutional safeguards under Articles 4 and 17, as it bypassed this crucial step. Their petition contends that a disqualified individual cannot directly or indirectly influence the political process under Articles 62 and 63 of the Constitution.
They further argue that the Speaker’s authority to appoint an opposition leader is conditional upon receiving consent from members in good faith. This verification is not merely optional but integral to maintaining constitutional integrity. The court has been requested to nullify Achakzai’s appointment and halt his participation in any pending or future proceedings until the petition concludes.
The FCC is also being asked to direct a new appointment process that adheres strictly to Rule 39(3) of the National Assembly Rules, ensuring compliance with constitutional requirements. This contentious issue now stands before Pakistan’s highest legal forum, pitting PTI loyalty against democratic principles.