The Election Commission of Pakistan on Thursday adjourned the hearing on disqualification references against Imran Khan, MNA, till August 1, for framing the issues. Earlier, the counsel for the respondent, Hamid Ali Khan filed replies to the references and the power of attorney to the Election Commission.
The cricketer-turned-politician, Imarn Khan, an MNA from Mianwali was not present during the hearing. The hearing was conducted by Chief Election Commissioner, former justice Qazi Muhammad Farooq flanked by members of the Commission Justice Naseem Sikandar, Judge Lahore High Court and Justice Ahmed Khan Lashari, Senior Judge Balochistan High Court.
Secretary Election Commission Kanwar Muhammad Dilshad was also present. "The matter is adjourned till August 1 for framing of issues," the Chief Election Commissioner observed after the respondent filed replies and other documents. He said the learned counsel for the respondent has filed reply and the power of attorney and the hearing is adjourned for going through these papers.
He also invited the political parties to assist the Election Commission in framing of the issues if they have any evidence or material in this connection. The Election Commission is hearing simultaneously two references against Imran Khan, sent to the Commission by Speaker National Assembly Chaudhry Amir Hussain.
These references were separately filed with the speaker by the eight Muttahida Qaumi Movement (MQM) legislators and Minister for Parliamentary Affairs, Dr Sher Afgan Niazi. The speaker after going through the references ruled that he prima facie found the references in order and sent them to the Election Commission.
MQM MNAs and Dr Sher Afgan Niazi have contended that Imran Khan has violated the statement on oath to become an MNA as well as Article 62 and 63 of the constitution.
They have charged Imran Khan with concealing, at the time of submitting the nomination papers in 2002 that he had an illegitimate girl child and he was involved in immoral practices. The petitioners have charged that Imran Khan no more fulfils the basic requirements under the Articles 62 and 63 and should be disqualified from his seat as MNA.
Barrister Habibur Rehman represented MQM, Barrister Hamid Ali Khan represented Imran and Dr, Niazi said, he would himself plead his case. The petitioners have sought disqualification of Imran Khan on the basis of immoral practices and violation of the constitutional provisions under articles 62 and 63.
Imran Khan in response had rejected their charges and vowed to fight a legal battle against the MQM top leader Altaf Hussain in the British courts. Under the provisions of the relevant laws, the Election Commission has to dispose the matter within 90 days although 33 days have already passed.
The matter of time constraint was also raised by the counsel for the MQM on which the Chief Election Commissioner said, it was discretion of the Election Commission and the Commission knows well about the time allocation for deciding the reference.
From MQM, the reference was moved by legislators Dr Farooq Sattar, Shamim Siddiqui, Syed Safwanullah, Haider Abbas Rizvi, Abid Ali Umang, Ishratul Ibad, Iqbal Muhammad Ali and Abdul Qadir Khanzada who were also present at the Election Commission on Thursday. When asked, Hamid Ali Khan, the counsel for Imran Khan told APP that his personal appearance before the commission was not mandatory as they were representing him. The reference would now be taken up on August 1, 2007.