IHC adjourns hearing in Imran Khan disqualification case

The Islamabad High Court (IHC) on Tuesday adjourned the hearing in a case pertaining to the disqualification of former prime minister Imran Khan in the Toshakhana reference by the Election Commission of Pakistan.

Imran Khan’s lawyer Ali Zaffar, the Election Commission of Pakistan’s counsel and others appeared before the IHC for a hearing presided over by IHC CJ Aamer Farooq.

PML-N leader, Mohsin Shahnawaz Ranjha’s counsel told the court that the Toshakhana reference was sent to the National Assembly against Imran Khan.

Imran Khan’s counsel, Ali Zafar in his arguments before the IHC said NA Speaker Raja Pervaiz Ashraf declared Imran Khan disqualified on the assets details of 2018-19 and forwarded a reference to the ECP.

“Speaker should have forwarded supporting documents to the ECP for Imran Khan’s disqualification under Article 63, 1(P).”

Zafar further said that the ECP was only supposed to give its take on the issue of Imran Khan’s disqualification under Article 63, 1(P). As per SC, the ECP is not a court of law but it disqualified his client, Ali Zafar added.

He said as per law, the ECP can only disqualify any member of the assembly when a trial court rules against him or her.

He also gave the example of Faisal Vawda’s disqualification case in Imran Khan’s case.

Later, the IHC CJ adjourned the hearing of the case until December 20.

ECP verdict

It is pertinent to mention here that the ECP declared Chairman Pakistan Tehreek-e-Insaf (PTI) disqualified in its verdict in the Toshakhana reference.

In the written judgment, the ECP said: “As per the statement of Imran Khan he had purchased the gifts from Toshakhana paying 21.564 million rupees while the Cabinet Division said that the gifts had a value of 107.943 million.”

“The amount in his bank account was around half of the value of the state gifts. Imran Khan was bound to declare the cash and bank details in his returns but he didn’t declare it,” ECP decision read.

“Imran Khan being declared disqualified and unseated from his National Assembly seat,” the ECP said, adding: “He has been disqualified under Article 63, 1(P), over submitting a false statement and declaration”.

The judgement added that the former premier was found to be indulged in corrupt practices under sections 167 and 173 of the constitution. “A criminal proceeding will be initiated against him over filing a false statement.”

“His disqualification under Article 63, 1(P) has been for his current parliament membership”, the ECP said in its 36-page detailed judgment of the reference.