-ECP notifies by-polls winners except Imran Khan
-De-notifies Imran as MNA from NA-95
-Releases detailed verdict in Toshakhana case
BY ASAD GHUMMAN
ISLAMABAD: Islamabad High Court (IHC) Chief Justice Athar Minallah observed on Monday that PTI Chairman Imran Khan had not been barred from contesting in future elections following the Election Commission of Pakistan (ECP) verdict in the Toshakhana reference against him, adding that the former premier “won’t face any problems” to contest in the NA-45 (Kurram-I) by-election scheduled to be held on Oct 30.
His observation came during a hearing on Imran’s petition challenging the ECP decision to disqualify him over what the electoral watchdog said was his failure to properly account for monetary proceeds from the sale of Toshakhana gifts while he was the prime minister.
At the outset of the hearing, Imran’s lawyer, Barrister Ali Zafar, urged the court to start hearing the petition despite administrative objections by the registrar. When Justice Minallah questioned what the hurry was, Zafar replied that his client had been disqualified ahead of the by-election in Kurram.
The IHC chief justice observed, “Imran Khan is not disqualified for that election. “There should be one standard for all. There is no need to rush in this case.” The court would hear the petition once the objections were removed, the judge said.
When Zafar requested the court to issue a stay order on the verdict, Justice Minallah pointed out that the ECP’s detailed judgement was not available yet. “Which verdict should the court stay?” he asked. “Imran does not want to return to the same seat he was disqualified from, does he?”
Zafar argued that the stay was needed because the PTI chairman was contesting in an upcoming by-election. However, Justice Minallah said Imran would not face any problems in this regard.
When the counsel argued that the public would not understand the matter, Justice Minallah replied that it was not the court’s job to explain to the public.
“This has not happened previously. The court cannot set such an example,” the judge remarked. Zafar then said the ECP’s decision was also unprecedented. However, the IHC chief justice observed that it was normal practice to issue a detailed judgement later.
The court expected a copy of the judgement to be released within three days, Justice Minallah said, adding that if it did not happen, then the court would look into the matter.
“The court issued directives to implement [its verdict] the same day in connection with a case related to inmates. The court should issue directives to the ECP to submit the verdict today in our case as well,” Zafar contended.
At this, the judge noted that in the case Zafar referred to, the inmates were being tortured which was why urgent directives were needed.
The PTI counsel said the present case was related to a democratic issue and the ECP could “change the verdict”. Justice Minallah, however, remained firm, observing that the court would have listened to the petition if there was any reason to rush.
Zafar argued that the ECP had “changed its verdict” in the prohibited funding case against the PTI. “This case has become a black mark against Imran Khan. He does not want to contest the election with it.”
“Many [people] have been disqualified before this case. Did it affect their politics? This court does not issue directives to any constitutional body. We are giving a week’s time. If the verdict’s copy is not received, we will see [then],” Justice Minallah said. “Wait for the [written] verdict. This is a routine matter. The Election Commission is not delaying it,” he observed.
Zafar then told the court that the ECP had also directed to initiate legal proceedings against Imran to which the judge replied that the sessions court would hear that matter. Subsequently, the court directed the PTI counsel to remove the objections on the petition within three days.
The Election Commission of Pakistan (ECP) on Monday notified the results of the by-polls held on October 16 on all seats except for the six NA seats won by former prime minister Imran Khan, who was disqualified in Toshakhana reference last week. The by-elections were held on eight NA seats including seven abandoned by the PTI this April and three PA seats.
According to the list issued by the electoral body Monday PML-N’s Chaudhry Iftikhar Ahmed has clinched the PP-139 seat from Sheikhupura, while PTI’s Muhammad Faisal Khan and Malik Muhammad Muzaffar Khan emerged victories in the constituencies PP-209 (Khanewal VII) and PP-241 (Bahawalnagar V), respectively.
Meanwhile, PPP’s Syed Ali Musa Gillani and Abdul Hakeem Baloch won from the NA-157 (Multan IV) and NA-237 (Malir II) constituencies.
In another notification issued later in the day, the ECP de-notified PTI chief Imran Khan as MNA from constituency NA-95 of Mianwali I with “immediate effect” following his disqualification in the Toshakhana Reference.
The ECP on Friday disqualified the former premier in the Toshakhana reference under Article 63(1)(p) for making “false statements and incorrect declaration”, triggering protests in various cities.
In Monday’s notification, it said that the decision on de-seating Imran was taken in terms of Article 63 of the Constitution. The law states: “A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if he 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.”
The notification also stated that the decision was taken under articles 137 (Submission of statement of assets and liabilities), 167 (Corrupt practice), and 173 (Making or publishing a false statement or declaration) of the Elections Act 2017.
The electoral body’s decision hours after Islamabad High Court (IHC) Chief Justice Athar Minallah observed that Imran had not been barred from contesting in future elections following the verdict in the Toshakhana reference against him, adding that the former premier “won’t face any problems” to contest in the NA-45 (Kurram-I) by-election scheduled to be held on Oct 30.
NA-45 was one of the four NA constituencies of Khyber Pakhtunkhwa where polling for by-elections was originally scheduled for Oct 16, but the ECP postponed it. It later issued a notification for holding the polls in the constituency on Oct 30.
Imran will contest for the NA-45 Kurram seat besides Jamil Khan of Jamiat Ulema-i-Islam-Fazl, Sher Mohammad Khan of Jamaat-i-Islami and several independent candidates.
Meanwhile, ECP also released its detailed verdict in the Toshakhana reference that led to the disqualification of PTI Chairman Imran Khan. The detailed order, which has the signatures of all five members of the bench, was issued yesterday after the former premier approached the Islamabad High Court against the electoral body.
On Friday, the electoral body disqualified Imran Khan under Article 63(1)(p) for making “false statements and incorrect declaration” regarding the Toshakhana gifts. Headed by the Chief Election Commissioner Sikandar Sultan Raja, the ECP’s five-member bench unanimously ruled against the former prime minister.
The commission, in its judgment, stated that the PTI chief is no more a member of the National Assembly and deemed his response “not correct”. The detailed order comes after PTI had raised objections over the delay in its release.
The 36-page order released noted that the petitioners submitted that the respondent did not disclose gifts and precious items which he acquired from foreign countries in the statement of assets and liabilities filed before the ECP from the year 2017-2021.
“He added that the list attached with the reference clearly shows the nature of gift items which included flower vases, watches, cufflinks, and decoration pieces, and rules 6(i) can be retained if the price of the item is less than Rs30,000/- and where the valued amount is more than Rs30,000 can be retained subject to deposit of 50% of the value amount of gift received.
“He added that the Election Commission of Pakistan is the proper forum and has jurisdiction to decide the matter,” the detailed verdict read.
It was also mentioned that it was the obligation of the respondent to declare complete details of assets whether in the shape of gifts or amounts including the transfer of any assets to any during the financial year in the annual statement of assets and liabilities along with details and its cost value in a column in column number 2 and 3 of Form-B (remarks).
“The commission has the jurisdiction to inquire into any matter or objection raised by any person including a reference from Speaker against any member of the Parliament or an assembly regarding concealment, false or misdeclaration in the statement of assets and liabilities after 120 days,” the verdict read.
The document mentioned that the disqualification of the members may be made under any law for the time being in force. “In the instant case Elections Act, 2017 is the relevant law, and the violation or non-compliance or misdeclaration made by any Member of Majlis-e-Shoora (Parliament) comes under the ambit of disqualification and the commission has the jurisdiction to adjudicate upon the question of disqualification on any of the grounds mentioned in Article 63(1).
“The commission is also competent to direct filling of a criminal complaint under Section 190 for violation of sections 137,167 and Section 173 of the Elections Act, 2017 which is a criminal liability while misdeclaration, false declaration, and concealment of assets also bear civil liabilities,” it read.
