-PTI Chief announces to challenge disqualification, alleges CEC of bias
-Says disqualification aimed at barring him from leading Real Freedom movement
-Fawad Chaudhry terms verdict as a ‘slap on the face of 220m people’
By Asad Ghumman
ISLAMABAD: The Election Commission of Pakistan (ECP) on Friday disqualified PTI chief Imran Khan in the Toshakhana reference under Article 63(1)(p) for making “false statements and incorrect declaration”, triggering protests in various cities.
The verdict against the PTI chief comes as a big blow to the party which a few days ago won big in by-polls across the country, following up on its resounding victory in the July by-elections in Punjab — both seen as indicators of public support for the ousted former premier.
The written ruling says the respondent had “intentionally and deliberately” violated the provisions contained [in] sections 137, 167 and 173 of the Elections Act, 2017, as he “has made false statement (sic) and incorrect declaration before the Commission in the statement of assets and liabilities filed by him for the year 2020-21”.
Hence, he attracts disqualification under Article 63(1)(p) of the Constitution read with sections 137 and 173 of the Elections Act, 2017, it added.
The ECP ruling follows up by saying based on the abovementioned findings, facts available on record and keeping in view the argument of learned counsel for parties herein, “we are of the considered opinion that the respondent has become disqualified under Article 63(1)(p) of the Constitution read with Section 137,167 and 173 of the Elections Act, 2017, consequently he ceases to be a member of the National Assembly of Pakistan and his seat has become vacant accordingly”.
The ruling said as the respondent “has made false statements and incorrect declaration”, therefore he has also committed the “offence of corrupt practices” defined under sections 167 and 173 of the Elections Act, 2017, punishable under Section 174 of the Elections Act, 2017.
“The office is directed to initiate legal proceedings and to take follow-up action under Section 190(2) of the Elections Act, 2017,” the verdict added.
Article 63 (1) (p) of the Constitution states that an individual is, “for the time being, disqualified from being elected or chosen as a member of the Majlis-e-Shoora (parliament) or of a provincial assembly under any law for the time being in force”.
After the ECP’s verdict, Imran could also cease to be the PTI chairman as per an earlier judgement by the apex court.
In February 2018, the Supreme Court had ruled that an individual disqualified under Articles 62 and 63 of the Constitution could not serve as head of a political party.
The apex court’s verdict was in response to petitions challenging the Elections Act 2017, which had been bulldozed through parliament to pave the way for Nawaz Sharif’s return to the PML-N’s helm as party president after he had been deemed unfit to hold public office in the Panama Papers judgement for not being ‘honest’ and ‘truthful’ in discharging his obligations as a lawmaker — both necessary conditions to hold public office under Article 62(1)(f).
“It is declared that any person who suffers from lack of qualification under Article 62 or disqualification under Article 63 of the Constitution is debarred from holding the position of ‘party head’ by whatever name called and prohibited from exercising any of the powers provided in Article 63-A of the Constitution, as ‘party head’ or any other power in the said capacity under any law, rule, regulation, statute, instrument or document of any political party,“ the judgement issued by the court read.
Reacting to the Election Commission of Pakistan’s verdict to disqualify him in the Toshakhana reference, PTI Chairman and former prime minister Imran Khan Friday said he will challenge the decision.
“I already knew about the disqualification,” he said while alleging the Chief Election Commissioner Sikandar Sultan Raja of being “biased.”
In a pre-recorded message, the former premier claimed that the CEC was the coalition government’s man.
“I told everyone last night about the result [disqualification],” Khan said, repeating that he knew about the ECP’s decision beforehand.
“The nation should be prepared. I will give you a call anytime,” Khan told PTI supporters. The former premier also directed his workers to stop protesting and focus on the upcoming long march.
The PTI chief’s address comes after he was disqualified by the ECP in the Toshakhana case against him in which he has been accused of stealing gifts given to the government of Pakistan and selling them off in the name of charity.
Informing about his party’s political power show in the upcoming days, the PTI chief said that such a massive jalsa has never ever happened in Pakistan.
He criticised Pakistan’s other political parties for reducing themselves to “family parties”.
Khan, in his message, also expressed his annoyance at being brought to the same level as PML-N supremo Nawaz Sharif.
“Nawaz Sharif is a thief. His children possess big palaces,” he said. Commenting on the legitimacy of his property, the former prime minister said that he used to play cricket and had bought a flat 34 years ago.
“I bought the flat with halal (lawful) money. I sold it and brought the money to Pakistan,” he said.
Indicating towards the chaos that has ensued in the current political climate in Pakistan, the PTI chief said: “What happened when East Pakistan was separated from us?”
Soon after the verdict was announced, PTI leader Fawad Chaudhry, speaking to the media outside the ECP, asked the public to come out of their homes “for their rights”.
He called the ECP’s ruling a “slap on the face of 220 million people” and said, “Today is the beginning of the revolution”.
“Not just anyone cannot disqualify Imran Khan. Only the public can do that,” the PTI leader said. He alleged that Friday’s verdict was “written by Nawaz Sharif and signed by his servants”.
“People disapprove of this decision.” Alongside him, PTI leader Shahbaz Gill said the PTI would approach “every forum” against the verdict. “Imran has been disqualified from just one seat, not politics,” he added.
Prior to the ECP’s announcement, television footage showed PTI leaders climbing over the gate to reach the commission’s secretariat.
Other leaders were unequivocal in their condemnation as well, as they took to social media to air their fury.
Following ECP’s ruling huge protests erupted in Islamabad, Lahore, Peshawar and Karachi. Footage broadcasted online showed Tyres ablaze in Peshawar, while in Islamabad, police tried to rein in protesters.
PTI workers rallied at the Faizabad interchange, where police intercepted workers from going marching onto Islamabad. As protesters advanced, police started shelling. PTI workers also blocked Murree Road with burning tyres.
In Rawalpindi, PTI workers demonstrated at Bakra Mandi Chowk, the constituency of Punjab minister Raja Basharat. Party workers raised slogans against the ECP’s decision.
