The Election Commission of Pakistan (ECP) on Friday disqualified PTI chief Imran Khan in the Toshakhana reference under Article 63(1)(p) for making “false statements and incorrect declaration”, triggering protests in various cities.
Key developments
Decision taken unanimously by a five-member bench
PTI leaders urge people to pour into the streets
Protests reported from Lahore, Islamabad, Peshawar and Karachi
Fawad Chaudhry says it’s a “slap on the face of 220m people”
Imran lawyer Gohar Khan says ruling will be challenged in IHC “right now”
The written ruling, a few pages of which are available with Dawn.com, says the respondent had “intentionally and deliberately” violated the provisions contained [in] sections 137, 167 and 173 of the Elections Act, 2017, as he “has made false statement (sic) and incorrect declaration before the Commission in the statement of assets and liabilities filed by him for the year 2020-21”.
Hence, he attracts disqualification under Article 63(1)(p) of the Constitution read with sections 137 and 173 of the Elections Act, 2017, it added.
The ECP ruling follows up by saying based on the abovementioned findings, facts available on record and keeping in view the argument of learned counsel for parties herein, “we are of the considered opinion that the respondent has become disqualified under Article 63(1)(p) of the Constitution read with Section 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”.
The ruling said as the respondent “has made false statements and incorrect declaration”, therefore he has 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 office is directed to initiate legal proceedings and to take follow-up action under Section 190(2) of the Elections Act, 2017,” the verdict added.
Article 63 (1) (p) of the Constitution states that an individual is, “for the time being, disqualified from being elected or chosen as a member of the Majlis-e-Shoora (parliament) or of a provincial assembly under any law for the time being in force”.
Ambiguity over disqualification
Legal experts had widely interpreted this as Imran being disqualified till the end of the current National Assembly (NA) term.
As such, he has been de-seated as a member of the NA and by-polls could be held on the seat vacated following his disqualification.
However, one of Imran Khan’s lawyers, Gohar Khan told AFP that the ECP “has declared Imran Khan was involved in corrupt practices”, adding he had been disqualified for five years.
“We are going to challenge it in the Islamabad High Court right now.”
PTI leader Asad Umar also tweeted that the decision would be challenged in the courts as a “minus Imran would always remain a distant dream”.
Barrister Asad Rahim Khan told Dawn.com that it would be premature to comment without reading the order, given the current ambiguity around what provision Imran Khan was disqualified under.
there you go.. My goodness where do we go from here ? half the country is in water .. No food .. no shelter .. winter is coming and these idiots are pulling the flesh of the country LIKE VULTURES ON DEAD BODY ..
now we run around courts ... courts run around Army and Allah ..
Topic: NayaPakistan...New Pakistan... Imran Khan Pakistan..