ISLAMABAD: The Islamabad High Court (IHC) rejected on Monday PTI Chairman Imran Khan’s petition challenging the order of the Election Commission of Pakistan (ECP) in the Toshakhana reference case.
On Friday, the ECP disqualified the former premier in the Toshakhana reference, stating he had committed corrupt practices by making “false statements and submitting incorrect declaration”.
IHC Chief Justice Athar Minallah heard the case, saying that Khan is not banned from contesting elections.
Earlier, objections were raised by the registrar’s office on the PTI chair’s plea. PTI’s counsel Barrister Ali Zafar presented his arguments before the court.
Today’s hearing
During today’s hearing, Justice Minallah asked about the objections to the petition.
He was informed by Khan’s lawyer that one objection was on the biometric verification and the other was that a certified copy of ECP’s decision was not attached with 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?” the IHC CJ asked.
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 chair be prosecuted for corrupt practices.
“The ECP has also directed to send the matter to trial,” said Zafar.
However, Justice Minallah observed that the commission has only directed that the complaint be sent to trial.
at this, Zafar told the court that disqualification was a “stigma” that may affect the upcoming elections.
“When there is no judgment, 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 public. 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 public was 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, 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.
Imran Khan’s plea
The PTI chairman in his application had made the ECP secretary, NA Speaker and secretary as respondents.
However, the office of the IHC registrar raised several objections to the application. The objections included that PTI chief Imran Khan has not undergone biometric verification and the copy of the ECP verdict disqualifying him (Imran) has not been attached to the application.
Later, the IHC, had rejected the PTI counsel’s request for fixing the hearing on the same day and postponed the hearing till Monday (today). The petition said that according to the office memorandum, gifts below the amount of Rs30,000 could be obtained without any payment, while gifts valued above Rs30,000 could be obtained on the payment of 50 percent of their amount.