De-seating of IK: LHC judge refers plea to CJ for its disposal by larger bench

LAHORE: Justice Rasaal Hassan Syed of the Lahore High Court on Monday referred a petition to Chief Justice for its disposal by some larger bench challenging the legitimacy of section 137(4) of the Election Act 2017 invoked by the Election Commissioner of Pakistan (ECP) to de-seat former Prime Minister Imran Khan from NA-95, Mianwali in Toshakhana reference.

A bar member Munir Ahmad, filed the petition pleading that Khan had been disqualified under sections 137(4) (power to prosecute for corrupt practice), 167 (corrupt practice) and 173 (making false statement or declaration) of the Act, however, in these sections, there was no mentioning of word disqualification.

Justice Rasaal while referring the petition to Chief Justice observed that important legal questions had been raised in the petition, which required to be decided by a larger bench.

The petitioner contended in his petition that not sharing details of Toshakhana gifts and proceeds from sale did not lead to disqualification.

The petitioner claimed that the prosecution under section 137 of the Act was only possible to be initiated within 120 days of the filing of false asset statements. However, in the Imran Khan case, the last such statement was filed, on December 31, 2021.

Therefore, he said, the prosecution could have been initiated by April 30, 2022 but the same could not be commenced within the stipulated period of 120 days. He argued that the ECP illegally and unlawfully disqualified Imran Khan under section 137 of the Act which specifies only a three-year punishment or fine or both, and not disqualification.

Copyright Business Recorder, 2024