ISLAMABAD, Oct 24 (FD):Islamabad High Court (IHC) Chief Justice Athar Minallah observed on Monday that PTI Chairman Imran Khan had not been barred from contesting in future elections following the Election Commission of Pakistan (ECP) verdict in the Toshakhana reference against him, adding that the former premier “won’t face any problems” to contest in the NA-45 (Kurram-I) by-election scheduled to be held on Oct 30.
His observation came during a hearing on Imran’s petition challenging the ECP decision to disqualify him in Toshakhana reference.
IHC rejected Imran Khan’s request to suspend the ECP order instantly in the Toshakhana reference and directed the ECP to provide a certified copy of the short order to the PTI chairman.
On Friday, ECP disqualified the former premier in the Toshakhana reference, stating he had committed corrupt practices by making “false statements and submitting incorrect declaration”.
The PTI chairman, then approached IHC, against the decision. However, the registrar had raised objections to the petition.
IHC Chief Justice Athar Minallah heard the case today and at the outset of the hearing, asked about the objections to the petition.
He was informed by Khan’s lawyer Barrister Ali Zafar that one objection was on the biometric verification and the other that a certified copy of the ECP’s decision was not attached to the plea.
On the second point, Zafar told the court that the ECP is yet to issue its detailed verdict, adding that they had only received two pages of the order.
“What is the rush in the case,” asked IHC CJ at this point.
Zafar told the court that his client has to contest elections in the coming days, adding that the ECP has also ordered that the PTI chief be prosecuted for corrupt practices.
“The Election Commission has also directed to send the matter for a trial,” said Zafar.
However, Justice Minallah observed that the commission has only directed that the complaint be sent for trial.
On this, Zafar told the court that disqualification was a “stigma” that may affect the coming elections.
“When there is no judgment then which order should the court suspend?” asked the judge. He also directed the counsel to address the objections raised by the registrar’s office.
“Disqualification will affect the people’s minds. The short order is attached [with the petition],” said Zafar.
At this, the IHC CJ asked Khan’s counsel whether he had a certified copy of the short order. But the court was told by the lawyer that they have applied for a certified copy.
“This disqualification is only as a member of the National Assembly,” observed the judge.
However, Zafar contended that the people were not aware of this situation. He added that ECP uploaded its short order on the website but did not provide them with a certified copy.
“If you are not provided a copy within three days then we will hear the matter again,” said the judge. He also shared that his court at times would issue short orders and release a detailed verdict later.
“I expect you will get the certified copy in three days,” said the IHC CJ.
The judge then rejected Khan’s request of suspending the ECP order today.
PTI’s chairman’s plea
The PTI chairman in his application has named the ECP secretary, NA speaker, and secretary respondents on Saturday.
Khan was also seeking a hearing of the case the same day he filed but it was turned down by IHC.
The petition said that according to the office memorandum, the gifts below the amount of Rs30,000 could be obtained without any payment, while gifts valuing above Rs30,000 could be obtained on the payment of 50% of their amount.
Before the PTI government came to power, the gifts of Rs30,000 could be obtained on the payment of 20% of their amount, while former prime minister Imran Khan got 14 gifts from 2018 to 2021 on payment of 20% and 50% of their amount.
