‘Disqualification case’: IHC admits IK’s appeal for early hearing

ISLAMABAD: The Islamabad High Court (IHC), Friday, admitted an appeal of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan for an early hearing of the petition against his disqualification by the Election Commission of Pakistan (ECP) in Toshakhana case.

A single bench of Chief Justice Aamer Farooq heard Imran Khan’s counsel Barrister Gohar Ali Khan, who requested the court for an early hearing of his client’s petition challenging the ECP’s decision to disqualify him in the Toshakhana (gift depository) case.

The IHC bench admitted the plea and fixed December 8 for hearing the matter.

The IHC had already barred the ECP from holding by-polls on a seat of NA-95 (Mianwali) which was vacant after the disqualification of Imran Khan in the Toshakhana reference. The bench had also issued notices to the secretary ECP, the speaker National Assembly, and others. It added, “Meanwhile, the Election Commission of Pakistan is restrained from announcing the election schedule of NA95 Mianwali-I.”

The court said in its written order that through the instant petition, the petitioner assailed the order dated 21.10.2022 passed by respondent No1 (ECP), whereby, the petitioner has been disqualified under Article 63 (1)(p) of the Constitution read with sections 137, 167, and 173 of the Election Act, 2017 from the constituency of NA-95, Mianwali-I.

During the hearing, Imran Khan’s counsel contended that the ECP transgressed its jurisdiction. He contended 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.

He submitted that Article 63 (1) (p) of the Constitution has been invoked which provides for the disqualification of a member of the National Assembly for the time being under any law (in the instant case sections 137, 167 and 173 of the Elections Act, 2017).

The counsel took the Court through various provisions of the Election, Act, 2017 to argue that no disqualification has arisen for the time being and the matter is still to be decided by the court of competent jurisdiction, i.e., the Sessions Court.

The petitioner also submitted that only after the conviction was recorded by the Sessions Court on the complaint of the ECP, the petitioner could have been disqualified.

He added that even otherwise, under section 137 (4) ibid, the limitation period prescribed for referring the complaint to the Sessions Court and taking any action is 120 days, which period has already expired.

Copyright Business Recorder, 2022