Achakzai’s appointment as opposition leader challenged in Federal Constitutional Court

ISLAMABAD: The appointment of Mahmood Khan Achakzai as Leader of the Opposition in the National Assembly has been challenged before the Federal Constitutional Court (FCC) following his nomination by Imran Khan, the founder of the Pakistan Tehreek-e-Insaf (PTI).

Justice (retd) Shaukat Aziz Siddiqui, acting as counsel for PTI founding leader Akbar S Babar, filed a 55-page constitutional petition on Monday contesting the appointment. Supreme Court lawyer Imran Shafiq and advocate Hanbal Murad Siddiqui are assisting in the case.

The petition contends that the procedure adopted for Achakzai’s appointment was neither independent nor in accordance with the Constitution and relevant rules. It argues that Rule 39(3) of the National Assembly Rules of Procedure 2007 was not followed, particularly the mandatory requirement of independently verifying the signatures and consent of National Assembly members supporting the nomination.

According to the petition, failure to complete the verification process amounts to a violation of constitutional guarantees under Articles 4 and 17, which relate to due process and freedom of association.

The petitioner has requested the FCC to restrain Achakzai from participating in constitutional processes as Leader of the Opposition until the court reaches a final decision.

Babar’s plea further argues that the appointment constitutes a serious constitutional violation because Achakzai was nominated by Imran Khan, who is currently incarcerated and has been declared disqualified from holding public office. Citing Articles 62 and 63 of the Constitution, the petition maintains that a disqualified individual cannot directly or indirectly influence or interfere in the political process.

It also asserts that the Speaker’s authority to notify the appointment of the opposition leader is not absolute but contingent upon confirmation that the support of members was free and voluntary. The petition describes the verification of signatures as a mandatory legal requirement rather than a discretionary or procedural formality.

The FCC has been asked to declare the notification appointing Achakzai as Leader of the Opposition null and void, illegal and without lawful authority.

Additionally, the petition seeks a directive for the Speaker to initiate a fresh appointment process strictly in accordance with Rule 39(3) and to restrain Achakzai from participating in constitutional matters under Articles 175A, 213, and 224A until the case is decided.