The Islamabad High Court has ordered former prime minister and PTI Chairman Imran Khan to remove registrar’s objections to his petition against the ECP verdict while rejecting latter’s request to decide the case today and suspend the commission’s disqualification order against him, reported 24NewsHD TV channel.
It, however, observed that the PTI chief could contest new elections as there was no bar on him from contesting new polls.
IHC Chief Justice Athar Minallah expressed these remarks while hearing a petition filed by the PTI chairman challenging his disqualification by the Election Commission of Pakistan on Friday in the Toshakhana reference.
Imran submitted his petition to the court on Saturday but the IHC registrar raised an objection to the plea saying the PTI chief did not get his biometric. However, the chief justice allowed to hear the case with objection on Monday (today).
At the outset of the case hearing today, Imran’s lawyer barrister Ali Zafar requested the court to exempt his client from conducting biometric. But the chief justice said that the biometric could be conducted in the presence of any attorney.
CJ Minallah inquired of the counsel why he was showing such a haste in this case.
Barrister Zafar replied that his client had been made disqualified.
The judge inquired under which section the disqualification was made.
The lawyer told the judge that his client was disqualified under Article 63 (1)(p). He said some members of the assembly brought a complaint to the National Assembly speaker that Imran did not declare his gifts in his assets and the speaker sent the reference to the ECP.
Chief Justice Minallah observed that the disqualification went back to the period when Imran was elected.
“So there is no problem, Imran can contest new election,” the judge remarked wondering why he was in haste then.
Barrister Zafar told the court that he was in hurry because the Kurram by-election was going to be held on 30th of this month.
But the CJ told him that Imran could contest as he was not declared disqualified for this election. "There is no bar on him that stops him from contesting new election," he added.
The judge remarked that there should be the same criterion for everyone and he reckoned that there was no need to hear this petition on emergency basis. He directed the lawyer to remove the registrar objections to the petition within three days then the court would hear the case.
CJ Minallah further remarked since there was no copy of the order released by the ECP, then how come the court could suspend an order which was not available. He hoped that the ECP would soon release the copy of the order.
The judge, however, remarked he was unable to understand if Imran wanted to return to the parliament on the seat from which he had been removed.
A four-member ECP bench headed by Chief Election Commissioner Sikandar Sultan Raja on Friday disqualified former prime minister and PTI Chief Imran Khan in the Toshakhana reference and declared his National Assembly seat vacant.
According to the verdict, Imran Khan committed dishonesty and the commission ordered criminal proceedings against him under Article 63(1)(p).
The order reads, “according to Sections 137, 167, and 173 of the Election Act, Imran has committed the “offence of corrupt practice by making false statements and incorrect declaration.
“We are of the considered opinion that the respondent has become disqualified under Article 63(1)(P) of the Constitution read with Sections 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 order says adding that Imran deliberately concealed the Toshakhana gifts details while declaring his assets.
The office is directed to initiate legal proceedings and to take follow-up action under Section 190(2) of the Elections Act, 2017.
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”.
Reporter Ehtisham Kiyani