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Major legal victory for ruling alliance as ECP disqualifies Imran Khan in Toshakhana case

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  • Imran Khan found guilty of corrupt practices.
  • PTI slams ECP after Imran Khan’s disqualification.
  • PTI workers baton charged outside ECP office.

ISLAMABAD: In a major legal victory for the ruling coalition on Friday, the Election Commission of Pakistan (ECP), in a consensus verdict in Toshakana reference, disqualified former prime minister Imran Khan and ruled that the PTI chairman is no more a member of the National Assembly.

Criminal proceedings will be initiated against the PTI chairman for misdeclaration, the verdict said.

The ECP stated that Imran Khan submitted a false affidavit and was found involved in corrupt practices under Article 63(1)(p).

Under the said article, a lawmaker is disqualified for the time being from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a provincial assembly.

The decision was taken unanimously by the ECP’s five-member bench but the Punjab member Babar Hassan Bharwana was not present today as he was unwell.

“As a sequel to our 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 ECP order stated. 

“As the respondent has made false statements and incorrect declarations, 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 was announced amid tight security in the Red Zone where at least 1,100 police officials were deployed under the command of a senior superintendent of police to control the law and order situation in the area. The officer was assisted by five superintendents and six deputy superintendents of police.

The ECP had reserved its verdict in the Toshakhana case on September 19 after arguments were completed from both sides. A five-member bench of the ECP, headed by Chief Election Commissioner Sikandar Sultan Raja, heard the case.

‘Imran Khan disqualified for 5 years’, says law minister

Meanwhile, Federal Law Minister Azam Nazir Tarrar said that Khan has been disqualified for “five years” by the Election Commission.

Speaking after the ECP ruling in the Toshakana case, the federal minister said Khan provided “wrong information” to the electoral body.

“The Election Commission showed restraint otherwise a separate action could have been taken against him.”

He said that Imran Khan’s aides are calling the verdict unjust, which is wrong.

‘Shameful decision’

Meanwhile, reacting strongly to the party chairman’s disqualification, PTI leader Fawad Hussain Chaudhry slammed the ECP and said that the election body’s attitude had been the worst. “We never pinned any hopes on it.”

“This is a shameful decision. They have disgraced the 220-million-strong-nation.”

‘Caught red-handed’

Meanwhile, PPP Chairman Bilawal Bhutto-Zardari said: “[Khan], who would spread lies about the alleged corruption of his political opponents, has been caught red-handed.”

‘Certified liar’

Moreover, PML-N Vice President Maryam Nawaz demanded Khan to be arrested after he was found guilty of corrupt practices.

“Pakistan’s first certified liar and certified thief disqualified with irrefutable evidence of theft,” the PML-N leader said.

She alleged that the husband and wife together looted the national kitty.

The case

In August 2022, National Assembly Speaker Raja Pervaiz Ashraf sent a reference to the ECP under Articles 62A, 63A, and 223, seeking former prime minister Imran Khan’s disqualification in the light of the Toshakhana scam.

The disqualification reference was filed by Ali Gohar Khan, PML-N’s Mohsin Nawaz Ranjha, and five others.

The 28-page reference identified 52 gift items of Toshakhana received by the former prime minister Khan, violating the law and rules, taken away at nominal prices and most of the gifts were sold in the market, including some precious watches.

The assessed value of the gifts has been put at Rs 142,042,100. The gifts were received between August 2018 and December 2021.

According to PML-N MNA Ranjha, Khan concealed information about the gift of watches by Saudi Arabia’s Crown Prince Mohammad bin Salman in his statement of assets submitted in 2018-2019.

This withholding of information is tantamount to lying which, according to Ranjha, is a crime under Section 137. 

He thus said that Khan was no more Sadiq and Ameen and should be slapped with disqualification for life from contesting the election under Article 62(1)(f), Article 2, Article 3 of the Constitution.

Article 62(1)(f) is the same legal instrument that disqualified former PM Nawaz Sharif from contesting elections and led to his removal from power, Ranjha said.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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