ECP cites SC orders to rule on Imran’s disqualification

Commission in its detailed verdict says it is empowered to entertain NA speaker’s reference

ISLAMABAD:

The Election Commission of Pakistan (ECP) on Saturday issued its detailed verdict in the Toshakhana (gift depository) reference against PTI chairman and former premier Imran Khan, saying that it had the authority to disqualify a lawmaker, citing the orders of the Supreme Court in an earlier case.

It also wrote that it had the authority to entertain lawmakers' disqualification reference sent to it by the speaker of an assembly in line with the Constitution.

A day earlier, the ECP had disqualified the PTI chairman under Article 63(1)(p) as it announced its verdict in the Toshakhana reference.

Quoting the Supreme Court’s order in “Muhammad Salman vs Naveed Anjum”, the ECP wrote in the detailed verdict that it was empowered to decide a disqualification case.

It further said the commission was competent to entertain a reference from the speaker under Article 63(2) of the Constitution.

Also read: Imran disqualified

It added that it was authorised to adjudicate upon the matter under Article 63(3) and the question of disqualification as and when raised was not dependent upon time.

The ECP wrote in the verdict that the commission — under Article 63(1)(p) read with Article 63(2) — had the jurisdiction to entertain the reference forwarded by the National Assembly speaker, with respect to the disqualification of lawmakers.

The commission said Imran had admitted that he retained five gifts after paying a total amount of Rs11.68 million and that the total cost had been declared in the statement of assets and liabilities for the year 2020-21.

The same declaration has also been made in the tax returns for the year 2020-21. However, the PTI chairman, according to the ECP, declared them under the heading of personal use in his declaration when he should have declared them under the heading of moveable assets.

“No details of the gift items in regard to particulars of items have been disclosed in column number 3 of Form-B … the respondent was required to declare these items under various headings specifically defined in Form-B under the main heading of moveable assets,” the ECP added.

The ECP wrote in the verdict that after hearing arguments from both sides and reviewing the evidence, it had reached the conclusion that Imran “deliberately concealed” facts by not disclosing the details of gifts in the statement of his assets and liabilities for the year 2018-19, nor accounting for the sale proceed.

The commission added that the PTI chief had also not provided details of the gift items as required under column number 3 of Form-B.

It further wrote that the ex-premier had also failed to annex the details of the cash and bank account of the sale proceeds.

“The amount allegedly received in his bank account does not commensurate with the assessed value of the gift items. Hence, the respondent has filed [a] false statement and incorrect declaration in material particular for the financial year 2018-19,” the verdict read.

The order added that the respondent had also made evasive and ambiguous statements in his written reply that the gifts purchased by him during the financial year 2019-20 were further gifted by him or on his behalf to others.

“However, the relevant column j(i) of Form-B is marked as N/A and there is no explanation in the remarks of column 3,” the commission said.

Therefore, the ECP wrote, it had been established that Imran deliberately concealed material facts and submitted a false declaration of his assets and liabilities -- in particular material which entailed serious consequences under the Constitution and law.

Also read: ECP amending Imran's disqualification verdict at govt’s whims: Fawad

The verdict read that the PTI chairman had “intentionally and deliberately violated” the provisions contained in Sections 137, 167, and 173 of the Elections Act, 2017, and made false statements and incorrect declarations before the commission in the statement of assets and liabilities filed by him for the year 2020-21.

“We are of the considered opinion that the respondent [Imran] has become disqualified under Article 63(1)(p) of the constitution read with Sections 137, 167, 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 added.

The commission said the PTI chairman had also committed offences of corrupt practices defined under Sections 167 and 173 of the Elections Act, 2017, punishable under Section 174 of the Elections Act, 2017.