(Halatihazira) Election Commission of Pakistan on Friday disqualified PTI chairman Imran Khan in Toshakhana reference under Article 63(1)(p) for making “false statements and incorrect declaration”, triggering protests in various cities.
Imran’s
lawyer Gohar Khan said the ruling will be challenged in Islamabad high court
“right now”
The
decision against the PTI chairman comes as a big blow to the party which a few
days ago won big in by-polls across the country, following up on its resounding
victory in the July by-elections in Punjab — both seen as indicators of public
support for the ousted former premier.
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”.
Massive shelling by Police to stop protestants |
The
ruling said as the respondent “has made false statements and incorrect
declaration”, therefore he has also committed the “offense 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.
“It
is nonetheless a silly verdict — it would have been rendered meaningless under
Article 62(1)(f), as the ECP isn’t a court of law,” he said.
“Left
to the even more limited parameters of Article 63, the ECP’s decision can only
be justified as part of the absurd sequence of events this country has seen
since March, rather than any concrete reasoning of law.”
The Hashtag #عمران_خان_ہماری_ریڈ_لائن is trending now at the top of Twitter. The people of Pakistan will never accept this decision. People are on road and protesting against the decision as they think the decision was just taken to subtract Imran Khan.
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