Plea seeks action against all lawmakers with undisclosed Toshakhana gifts

A writ petition was filed with the Lahore High Court on Tuesday seeking directions to the Election Commission of Pakistan (ECP) to open references against all members of national and provincial assemblies who have failed to disclose Toshakhana (gift repository) details in their statements of assets and liabilities.

Urging the electoral watchdog to act “in the widest national and public interest” and file criminal complaints against all lawmakers who may have concealed the gifts they received while in office, the petitioner has sought uniform action across the board. Further, the petition also prayed to the court to direct the ECP to initiate steps for criminal prosecution of lawmakers who did not disclose gifts in their statement of assets and liability

Tanveer Sarwar in his petition through advocate Nadeem Sarwar requested the court to direct the ECP to remain “impartial, fair and just as per their constitutional mandate and further refrain them from selective prosecution on their own whims and wishes”.

The petitioner has nominated the federal government through the Ministry of Law and the ECP through the chief election commissioner as respondents in the matter.

Notably, former premier Imran Khan was sentenced to three years in prison on August 5 by a trial court in Islamabad in a reference filed by the ECP concerning his failure to disclose details about Toshakhana gifts in his assets and liability form.

Read No decision yet on stripping Imran of party position

"That it is an eye opener and a worst case of selective prosecution as Respondent ECP while acting unfairly and discriminatory only singled out Imran Khan while ignoring and pardoning all other members of national as well as provincial assemblies who retain gifts while not mentioning them in their statement of assets and liability required to be submitted under section 137 of election act 2017 and erstwhile ROPA 1976," pleaded the petitioner.

Further, the petition argued that this apparent arbitrary action on part of the ECP stood in contradiction of the provisions of the constitution that mandate equality before the law for every citizen of the country.

He went on to point out that "there are big names like that of Asif Zardari, Yousaf Raza Gillani, Nawaz Sharif, Shahid Khaqan Abbasi, Khawaja Asif and other ministers and former prime ministers who did not disclose Toshkhana gifts details in their statement of assets and liabilities but they are free from liability and criminal prosecution" for which the petitioner claimed the ECP's decision to act "on its own whims and wishes".

The petition maintained that the decision to not file a complaint against several significant political figures was indicative of the ECP being "partial" and "biased" and claimed that the watchdog had "failed to perform his duties" adequately.

The ECP is legally bound to take action against every lawmaker equally, the application stated. It also added that previously an application was filed requesting filing of complaints against all member parliament for non-disclosure of gifts in the statement of assets and liability but to no avail.