Will Imran win legal battles à la by-polls?

Legal experts urge PTI chief to fight battles in parliament, not courtrooms

ISLAMABAD:

PTI chief Imran Khan is making great strides in the political realm, shocking his rivals as his party’s march towards success at the ballot box continues unabated.

However, it is yet to be seen whether the bravado that appears to be serving him well in the political arena is handy in a courtroom or not.

On a legal front, where there are tangible political consequences for missteps, Imran is hoping to secure major victories in a number of cases à la by-polls successes.

Most important of them is PTI's constitutional petition under Article 184 (3) in the Supreme Court for inquiry to bring to light those responsible for the bugging of the Prime Minister Office (PMO).

The petition has been drafted by lawyer Uzair Karamat Bhandari who, according to a PTI lawyer, is taking time to do due to his diligence before filing it, even as Imran wants it to be filed forthwith.

However, the matter of composition of the bench to hear the case will emerge as a critical point — once again.

Meanwhile, the apex court’s special bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial is resuming the hearing of Imran's petition challenging recent amendments in National Accountability Ordinance (NAO) on Tuesday (today).

It is pertinent to note that one of the judges on the bench endorsing the petitioner's concerns has already expressed concerns about few amendments in NAO 2000. However, CJP Umar Ata Bandial is trying to strike a balance during the course of hearings.

Read more: Imran gives govt 'some more time', threatens march if elections not called

The CJP’s opinion on the tweaks in accountability laws will be significant to decide the fate of the petition.

On the other hand, last week, the federal government moved a contempt petition in the apex court against Imran Khan on the violation of the May 25 order regarding PTI long march. Later, an application was also moved for early fixation of the government's contempt petition.

Pressure tactics from govt

However, a lawyer reckons that the contempt petition was the government’s tactic to put pressure on the former premier who has announced to bear down on the federal capital with a mammoth rally once again.

The matter of contempt, the lawyer added, is always an issue between the court and contemnor.

It may also be mentioned that the former ruling party has also challenged recent legislation on the right of vote of overseas Pakistanis. The matter is still pending.

Last week, the Election Commission of Pakistan (ECP) approached the top court against various decisions of the high courts that granted PTI leaders interim relief against the commission's contempt proceedings against them.

The ECP requested the SC to transfer all cases in one high court for hearing. In case the SC transfers all matters to IHC, it will be difficult for PTI to get relief against the ECP's order.

Meanwhile, two PTI leaders have also moved a petition in the SC seeking disqualification of Prime Minister Shehbaz Sharif for holding meeting with his brother Nawaz Sharif in London, allegedly violating Official Secret Act.

Similarly, the pile of cases also includes a petition from PTI Chief Minister Gilgit Balistan who has approached the SC against judicial appointments.

The PTI has also challenged Islamabad High Court's order that accepted resignations of PTI MNAs.

Similarly, party leader Shahbaz Gill has also moved the SC against custodial torture by the police. The matter is still pending.

Amidst all this, several matters are still pending in IHC.

Moreover, the former ruling party has moved a fresh petition against the acceptance of resignations of a few PTI MNAs by Speaker National Assembly. The ECP findings in the foreign funding case have been also challenged by the PTI in the IHC.

Even the FIA’s inquiry in foreign funding case is also being challenged before the capital's court.

Similarly, the ECP has reserved its decision in the Toshakhana case. The petitioner has sought lifetime disqualification of Imran Khan under Article 62 (1) (f) of the Constitution in this matter.

However, the SC in the Faisal Vawda disqualification case is adjudicating as to whether the ECP has authority to disqualify a lawmaker for life under Article 62 (1) (f) of the constitution.

Senior lawyers believe that the Toshakhana case in ECP is very critical for Imran Khan. They have also urged Imran to go back to parliament and join its proceedings instead of looking toward ‘institution’.

Similarly, they continued, the superior courts should show maximum restraint in matters of political nature. If the courts continue to entertain political leaders’ petitions, subsequent verdicts will not help the smooth functioning of parliamentary democracy.

Legal experts have pointed out that it is a matter of concern that both PML-N and PTI used the legal forums for political gains.

Since the Panamagate case, the PTI has approached the SC several times for political objectives and has been successful.

Observers note that even when Imran Khan was PM, he filed two presidential references in the SC as part of political strategy, instead of using the forum of parliament.

However, it is being witnessed that CJP Bandial is consistently urging PTI leaders to rejoin parliament — a suggestion Imran is not ready to heed.