ISLAMABAD: The Islamabad High Court (IHC) on Monday turned down a request for suspending the disqualification of Pakistan Tehreek-i-Insaf (PTI) Chairman Imran Khan, but restrained the Election Commission of Pakistan (ECP) from holding by-election on a National Assembly seat that fell vacant following his disqualification.

Justice Aamer Farooq of the IHC took up the petition filed by the former prime minister challenging the ECP’s Oct 21 verdict that disqualified him under Article 63 (1) (p) of the Constitution and Sections 137, 167 and 173 of the Elections Act 2017 from NA-95 (Mianwali-I) constituency for concealing information about his Toshakhana gifts.

In its verdict, the ECP ruled that the PTI chairman was no more a member of the National Assembly and also initiated criminal proceedings against him for misdeclaration. The commission held that Mr Khan had submitted a false affidavit and was found involved in corrupt practices.

Mr Khan’s counsel Barrister Syed Ali Zafar contended that the ECP had transgressed its jurisdiction. He argued that originally the reference was made under Article 62 (1) (f) of the Constitution; however, while answering the question referred to it, the same was treated as one under Article 63 of the Constitution.

Restrains ECP from holding by-poll in NA-95; ex-PM’s interim bail extended in two cases

It was submitted that Article 63 (1) (p) of the Constitution had been invoked which provided for disqualification of an MNA for the time being under any law.

The counsel highlighted various provisions of the Elections Act to argue that no disqualification has arisen for the time being and the matter is still to be decided by a court of competent jurisdiction i.e. sessions court.

Barrister Zafar submitted that the petitioner could have been disqualified only after the conviction was recorded by the sessions court on ECP’s complaint. Even otherwise, he contended, under Section 137 of the Elections Act, the limitation period prescribed for referring the complaint to the sessions court and taking any action was 120 days which had expired.

The court issued a notice to the ECP for Nov 10 and restrained it from holding by-election in the constituency. The court order said: “Meanwhile, the Election Commission of Pakistan is restrained from announcing the election schedule of NA-95 Mianwali-I.”

Imran’s bail extended

A special court of offence in banks and an anti-terrorism court on Monday extended the interim bail of the PTI chairman in two different cases.

The special court extended Imran Khan’s bail till Nov 10 in prohibited funding case against the PTI.

Mr Khan’s counsel Intizar Panjhota sought PTI chief’s exemption from personal attendance, saying he was leading a long march to Islamabad.

Special prosecutor Raja Rizwan Abbasi, on the other hand, argued that the bail petition could be rejected since the accused was absent.

Judge Rukhshanda Shaheen, however, allowed the request seeking exemption of Mr Khan from personal attendance and also extended the interim bail till Nov 10.

Likewise, ATC judge Raja Jawad Abbas Hassan extended Mr Khan’s interim bail till Nov 9 in a case registered against him for violating Section 144 of the of the Criminal Procedure Code and for interference in the matters of the state.

Dr Babar Awan, representing the PTI chief, also sought exemption of Mr Khan from personal appearance.

The court extended the interim bail and adjourned the hearing to Nov 9.

Published in Dawn, November 1st, 2022