Imran disqualified

ECP announces verdict under Article 63(1)(p) in Toshakhana case; PTI says it will challenge decision in court


Saqib Virk October 21, 2022
Former prime minister Imran Khan arrives for hearing in an anti-terrorism court (ATC) on August 25, 2022, in Islamabad. PHOTO: APP

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ISLAMABAD:

The Election Commission of Pakistan (ECP) on Friday disqualified PTI chairman and deposed premier Imran Khan under Article 63(1)(p) as it announced its verdict in the Toshakhana (gift depository) reference.

The ECP verdict sparked protests in various cities.

A four-member bench of the ECP declared Imran's National Assembly seat vacant as it unanimously decided that he had misled officials about the gifts he  received from foreign dignitaries during his tenure as the prime minister.

The written ruling read that PTI chief had “intentionally and deliberately” violated the provisions contained in sections 137, 167 and 173 of the Elections Act, 2017 as he submitted a “false statement” and “incorrect declaration” to the ECP in the details of his assets and liabilities filed by him for the year 2020-21.

It added that the PTI chief had attracted disqualification under Article 63(1)(p) of the Constitution read with Sections 137 and 173 of the Elections Act, 2017.

“Consequently he ceases to be a member of the National Assembly of Pakistan and his seat has become vacant accordingly,” it read.

The ruling read as Imran had made false statements and an incorrect declaration, therefore he also committed the “offence of corrupt practices” defined under Sections 167 and 173 of the Elections Act, 2017, punishable under Section 174 of the Elections Act, 2017.

The commission ordered the initiation of criminal proceedings against the ex-premier for submitting a false statement under Section 190(2) of the Elections Act.

The PTI has decided to challenge the verdict in the Islamabad High Court.

"The ECP has declared that Imran Khan was involved in corrupt practices," Gohar Khan, one of his lawyers, told reporters, adding that he had been disqualified for five years.

"We are going to challenge it in the Islamabad High Court right now,” he added.

The PTI chairman presided over a meeting of the party leaders in Islamabad  to deliberate on the ECP ruling and directed his legal team to prepare a petition to be filed in the IHC.

Insiders said the huddle also reviewed the protests held by PTI supporters in major cities across the country against the ECP verdict.

During the meeting, the party leaders informed the former premier that the intensity of the protests was expected to increase by evening.

Read Toshakhana case: ECP asks SBP for Imran’s bank accounts

The PTI chief during the meeting directed his supporters to stage “peaceful protests” across the country and not to resort to violence.

PTI sources said the party leaders also reviewed the preparations for the upcoming Islamabad long march aimed at forcing the government to announce early polls.

Imran said he was expecting his disqualification in the verdict announced by “biased” Chief Election Commissioner (CEC) Sikander Sultan Raja.

While terming the CEC an ally of coalition government, the PTI chief said the ECP’s decisions did not carry any credibility.

The reference had been moved by the Pakistan Democratic Movement against the PTI chief on August 4 for not “sharing the details” of Toshakhana gifts and proceeds from their alleged sale.

Despite the Pakistan Information Commission (PIC) ordering it to do so, the PTI, while in government, had been reluctant to disclose the details of the gifts presented to Imran since he took over his office in 2018.

It claimed that it would jeopardise international relations.

The reference sought the disqualification of Imran from public office under Articles 62 and 63 of the Constitution.

The reference was sent to the National Assembly speaker, who subsequently forwarded it to the CEC for further action.

In its hearing on August 29, the ECP had sought a written reply from the PTI chairman by September 8.

In his reply, Imran admitted to having sold at least four presents that he had received during his tenure as the premier.

One of the gifts included a wristwatch, a pair of cuff links, an expensive pen and a ring.

The other three gifts included four Rolex watches.

The PTI chief adopted the stance that he and his wife had received around 58 gifts   from August 1, 2018 to December 31, 2021.

Of these gifts, only 14 were such that cost over Rs30,000 and he had purchased them from the Toshakhana while following the due process.

According to the reply, four units of the Toshakhana gifts were sold, and they were bought through a payment of Rs21.56 million.

The PTI chief further claimed that more than Rs5.8 million worth of the sold gifts were disclosed in the assets.

(With input from agencies)

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