Toshakhana reference: IHC rejects IK’s plea seeking withdrawal of appeal

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday rejected Pakistan Tehreek-e-Insaf (PTI) former chairman Imran Khan’s application seeking the withdrawal of his petition challenging the Election Commission of Pakistan’s verdict in Toshakhana reference.

A single bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq announced the verdict which he had reserved after hearing the arguments of both sides in the plea filed by Khan through his counsel Barrister Ali Zafar seeking withdrawal of his petition challenging the ECP’s verdict in the Toshakhana reference.

In this matter, the PTI former chairman filed an application to withdraw his petition from the IHC due to his pending petition in the Lahore High Court (LHC) against the Toshakhana (gift depository) reference decision.

In, the miscellaneous application, he adopted the stance that the LHC had constituted a full bench on the petition against the ECP’s Toshakhana decision. It said that the ECP’s October 21 verdict had been challenged in the LHC along with the ECP’s move to strip Imran of party chairmanship.

The application said that the LHC full bench would examine all the legal aspects related to both petitions.

Previously, Khan’s counsel Barrister Ali Zafar made the submission before the court that it is bizarre that the ECP disqualified him for the assets that he legally purchased and lawfully sold.

The counsel adopted the stance before the bench that Khan was elected as MNA from NA-95 Mianwali in July 2018 but, through an illegal order of the ECP dated 21/10/2022, the ECP disqualified him from this seat under Article 63(1)(p) of the Constitution. The decision of the Speaker to send the reference and order of ECP is unconstitutional and void ab initio, he submitted.

He adopted the stance that the Speaker without any document or evidence whatsoever, in a mechanical manner, without any reasoning and total lack of application of mind, and contrary to the law and the Constitution; accepted the application filed by a few MNAs and filed a reference before the ECP asking ECP to disqualify Imran Khan under Article 62(1)(f). He submitted that acting malafide in law, the ECP also accepted the

reference and disqualified Imran Khan from the seat.

Copyright Business Recorder, 2023