ISLAMABAD:
Since the passage of the 26th Constitutional Amendment, the Pakistan Tehreek-e-Insaf (PTI) has found itself struggling in the country’s higher judiciary, with its leadership repeatedly failing to secure significant relief.
The party’s founder, Imran Khan, has been behind bars for more than two years, while his petitions and appeals continue to move at a sluggish pace. Many of PTI’s legal challenges remain pending, leaving the party frustrated and politically cornered.
On Wednesday, Khyber-Pakhtunkhwa Chief Minister Ali Amin Gandapur once again approached the Supreme Court, seeking permission to meet Khan at Adiala Jail. It was not Gandapur’s first attempt; an earlier petition was returned by the SC Registrar’s Office in June, with an appeal still awaiting a decision.
The latest plea came after Khan, in a statement shared on social media, directed Gandapur to formally seek the Court’s approval. “During the budget process, no consultation took place with me. Ali Amin must brief me on governance, law and order, and other critical provincial matters. Every effort, including approaching the Supreme Court, should be made for this purpose,” Khan’s message read.
When Gandapur previously appeared in Courtroom No. 1, Justice Syed Mansoor Ali Shah advised him to approach the Chief Justice or Registrar instead, highlighting the procedural hurdles PTI continues to face.
Party insiders admit that PTI’s legal team has been hesitant to pursue cases aggressively until the Supreme Court rules on challenges to the 26th Amendment. In the meantime, the constitutional bench has already delivered three major decisions that weakened PTI’s position: revoking its right to reserved seats, endorsing military trials for its activists, and upholding the transfer of judges to the Islamabad High Court a bench seen as less sympathetic to PTI’s pleas.
At the Islamabad High Court, matters have stalled as well. Since March, appeals filed by Khan and his wife Bushra Bibi for suspension of their sentences in the Al-Qadir Trust case remain undecided. PTI has also complained that jail authorities are restricting family and party meetings with Khan, despite court directives. Only this week, after three months, some access was finally granted.
Frustrated by the deadlock, Khan told his lawyers that the judiciary had failed to act independently after the 26th Amendment. “These judges have become subservient and ignore blatant human rights violations,” he was quoted as saying.
Similar setbacks have surfaced in the Lahore High Court, where judges made clear that convicted individuals must surrender before appeals can be heard. The Election Commission of Pakistan wasted no time in de-seating PTI lawmakers and announcing by-election schedules, further squeezing the party politically. In contrast, the Peshawar High Court has shown a different approach, temporarily blocking some by-elections and halting opposition leader nominations in parliament, fueling debate over judicial inconsistencies.
Despite the setbacks, PTI did receive some relief recently when Chief Justice Yahya Afridi, heading a three-member bench, granted Khan bail in eight cases linked to the May 9 incidents.
Observers note, however, that PTI had historically benefited far more from judicial interventions compared to its rivals. From the “Sadiq and Ameen” verdict under former CJP Saqib Nisar to Nawaz Sharif’s disqualification under Article 62(1)(f), the courts once seemed more accommodating. The present climate, however, appears markedly less favorable for PTI.
