LAHORE: The Lahore High Court on Friday rejected a plea against the Election Commission of Pakistan (ECP) for acting discriminatory against Imran Khan by filing a complaint against him for concealing purchase of Toshakhana gifts in his statements of assets.
The court dismissed a petition seeking criminal proceedings against the lawmakers who did not disclose Toshakhana gifts in their statements of the assets and observed that the petitioner should avail the first remedy provided in the law.
The petitioner, Tanvir Sarwr, pleading through his counsel said the concealment of purchased Toshakhana articles constituted an offence under section 137 (4) read with section 167 (a) of the Election Act 2017.
He said the ECP acted in a discriminatory manner by filing a complaint against Imran Khan as no complaint had been filed by the ECP against any other legislator. He asked the court to direct the ECP to initiate proceedings against all those parliamentarians found guilty of not disclosing the gifts in their income tax returns.
The ECP through its counsel contended that the petition was not maintainable as complaint against the former prime minister Imran Khan was filed in response to a reference sent by the speaker of the National Assembly under Article 63(2)(3) of the Constitution whereas no such reference had been forwarded against any other legislator.
Faisal Siddiqi, an amicus curiae, argued that the petition was not maintainable as the allegations levelled by the petitioner were vague and unsubstantiated because the petitioner furnished not a single document in support of such allegations.
The court in its verdict observed that the jurisdiction of the LHC under Article 199 of the Constitution is subject to certain limitations.
The high court may exercise its jurisdiction where it is satisfied that no other adequate remedy is provided by law to any aggrieved person for redressal of his grievance, the court added.
The court also noted that in the instant case, the applicable law provides remedies of complaint before the sessions judge and appeal before the high court. “Thus, adequate alternate remedy of complaint is available to the petitioner because of which this writ petition is not maintainable,” the court maintained.
Regarding the allegation of discriminatory action by the ECP, the court observed that validity of prosecution and conviction of the former prime minister is a matter for consideration of the court of competent jurisdiction where his appeal against conviction and sentence is pending.
Copyright Business Recorder, 2023
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