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Pakistan

ECP releases detailed verdict on Imran Khan's disqualification in Toshakhana reference

  • Judgement says ECP is the proper forum and has jurisdiction to decide the matter
Published October 24, 2022

The Election Commission of Pakistan (ECP) Monday released its detailed verdict in the Toshakhana reference against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, Aaj News reported.

Last week, the electoral watchdog disqualified Imran Khan under Article 63(1)(p) for making “false statements and incorrect declaration” regarding the Toshakhana gifts.

A five-member ECP bench headed by Chief Election Commissioner Sikandar Sultan Raja and comprising Nisar Durrani, Shah Muhammad Jatoi, Babar Bharwana, and former judge Ikramullah Khan announced the verdict.

Toshakhana reference: ECP disqualifies PTI chief Imran Khan

The former PM was de-seated as a member of the NA and by-polls will now be held on the seat vacated following his disqualification.

The ECP said that the former PM submitted a false affidavit and was found to be involved in corrupt practices. The verdict says the respondent had “intentionally and deliberately” violated the provisions contained [in] sections 137, 167, and 173 of the Elections Act, 2017."

As per the verdict, criminal proceedings will be initiated against Imran for misdeclaration. The ECP also ruled that office is directed to initiate legal proceedings and to take follow-up action under Section 190(2) of the Elections Act, 2017.

The detailed verdict comes after PTI had raised objections over the delay in its release.

The 36-page order noted that the petitioners submitted that the respondent did not disclose gifts and precious items which he acquired from foreign countries in the statement of assets and liabilities filed before the ECP.

ECP reserves its verdict in crucial Toshakhana case

“The commission has the jurisdiction to inquire into any matter or objection raised by any person including a reference from Speaker against any member of the Parliament or an assembly regarding concealment, false or misdeclaration in the statement of assets and liabilities after 120 days,” the verdict read.

“In the instant case Elections Act, 2017 is the relevant law, and the violation or non-compliance or misdeclaration made by any Member of Majlis-e-Shoora (Parliament) comes under the ambit of disqualification and the commission has the jurisdiction to adjudicate upon the question of disqualification on any of the grounds mentioned in Article 63(1).

“The commission is also competent to direct filling of a criminal complaint under Section 190 for violation of sections 137,167 and Section 173 of the Elections Act, 2017 which is a criminal liability while misdeclaration, false declaration, and concealment of assets also bear civil liabilities,” it read.

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