ISLAMABAD: The Election Commission of Pakistan (ECP) informed the Islamabad High Court on Tuesday that it had initiated proceedings to remove Imran Khan from the post of PTI chairman after his disqualification in the Toshakhana reference.

ECP Director General Law Mohammad Arshad also told the court that the next hearing of the reference has been scheduled for Dec 20, adding that a district and sessions court in Islamabad reserved its verdict on an ECP plea in the Toshakhana case against Imran Khan.

The trial court had taken up the commission’s plea on Nov 22 and is expected to announce its judgement on Dec 15.

The ECP had on Dec 5 initiated the process to remove Imran Khan as PTI chairman in the light of its verdict in the Toshakhana case. He disqualified under Article 63(1)(p) of the Constitution for making “false statements and incorrect declaration”.

IHC Chief Justice Aamer Farooq took up PTI’s appeal against ECP’s decision to disqualify Imran Khan, but postponed further proceedings to Dec 20 due to paucity of time.

Ex-PM’s counsel terms commission’s disqualification order unconstitutional

Barrister Syed Ali Zafar, representing Imran Khan, highlighted the urgency of the case in view of the ECP proceedings. He informed the IHC that the National Assembly speaker had accepted applications of a few MNAs without any reasoning, document or evidence in a mechanical manner, and filed in the commission a reference seeking to disqualify Imran Khan under Article 62(1)(f) in the Toshakhana case.

He contended that the NA speaker’s decision and the ECP order were unconstitutional. The counsel argued that for a disqualification under Article 62(1)(f) to take place there must be a pre-existing declaration from a court of law against the member.

He pointed out that in this case there was no declaration from a court of law as required under Article 62(1)(f) against Imran Khan at the time of NA speaker’s decision nor before the ECP when the commission was called upon to answer the questions raised in the reference.

“Hence, the speaker’s reference is unfounded and unconstitutional and ECP should have dismissed the reference by deciding that Imran Khan does not stand disqualified under Article 62(1)(f),” the counsel argued.

The counsel argued that the ECP was not a court of law and there were many judgements of the Supreme Court in which it had been decided that under Article 62(1)(f), no declaration could be made by the ECP. He also referred to the latest case of Faisal Vawda in which the apex court had ruled that the commission had no jurisdiction to give any declaration under Article 62(1)(f).

The counsel said the present case was a strange one in which assets were legally purchased and sold and yet the ECP had disqualified Imran Khan. He referred to many judgements of the superior courts in which it was held that all mis-declarations were not a cause for disqualification but it has to be seen whether the declaration was for any ulterior or dishonest motive.

The counsel emphasised that since Imran Khan had purchased the assets legally, in accordance with the rules, there was no reason for him not to mention the gifts in his assets statement and, hence, the assumption by the ECP that this was dishonestly done was totally incorrect.

Published in Dawn, December 14th, 2022