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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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Fazlur Rehman wants new elections to be held.

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Speaking to a crowd in Karachi, Maulana Fazlur Rehman claimed that meetings were “sold.” “President House and the Sindh Assembly were also sold,” he continued.

The head of JUI-F insisted on holding fresh elections right away in order to preserve the integrity of the democratic process.

He went on, “The results of the most recent elections are unacceptable and they were rigged.” In order to guarantee that the people’s opinion is heard and their mandate is honored, the JUI-chief called for new elections.

Additionally, Maulana Fazlur Rehman criticized the federal government’s foreign policy, including its position on Israel and Palestine. He declared, “We are being punished for standing with Palestine and against Israel.”

Speaking before a public assembly in Karachi, Maulana Fazlur Rehman asserted that gatherings were “sold”. He added, “Sindh Assembly and President House were sold.”

In order to safeguard the democratic process, the chairman of JUI-F asked that new elections be held immediately.

“It’s unacceptable that the results of the recent elections were rigged,” he stated. The JUI-chief demanded fresh elections in order to give the people’s voice a chance to be heard and their mandate to be respected.

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In the Toshakhana case, the PTI founder contests the NAB notification.

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The Islamabad High Court (IHC) was asked to set aside the NAB notice in a plea submitted by Imran Khan’s representatives, Salman Safdar, Usman Riaz, and Khalid Yousaf, according to the information.

Regarding the Toshakhana issue, NAB Rawalpindi called the PTI founder, who is detained, and his spouse, Bushra Bibi, on April 16.

Bushra Bibi, the former first lady of Pakistan, and Imran Khan, the founder of Pakistan Tehreek-e-Insaf (PTI), were the subject of a new investigation by the National Accountability Bureau (NAB) yesterday.

In a letter to the deputy superintendent of Adiala Jail and call-up notices to Imran and Bushra, the anti-graft body also asked for their attendance during the research.

Case of Toshakhana
In the Toshakhana case, an Accountability Court (AC) on January 31 imposed a 14-year prison sentence on the founder of Pakistan Tehreek-e-Insaf (PTI) and his spouse, Bushra Bibi.

AC Judge Muhammad Bashir delivered the decision. For ten years, the founder of PTI and his spouse were likewise prohibited from holding any public office.

A Rs. 787 million fine was also imposed by the judge.

Prior to this, in connection with the cipher case, Khan and his foreign minister Shah Mehmood Qureshi received 10-year prison sentences under the Official Secrets Act.

In a case concerning their marriage during the latter’s Iddat period, they were each given seven years in prison one day later.

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US Ambassador Donald Blome praises Maryam’s portrayal of the Chief Minister of Punjab.

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According to information, Maryam Nawaz was congratulated by the US envoy on being the first female Chief Minister of Punjab during their meeting.

America’s goal to deepen economic relations with Pakistan, especially in the areas of manufacturing, IT, and agriculture, was conveyed by Ambassador Bloom. Maryam’s people-oriented efforts and initiatives were commended by him, who called them “commendable”.

The ambassador received assurances from Chief Minister Maryam Nawaz that Punjab will offer a safe haven for US investment. She emphasised that a stable administration is essential to guiding Pakistan out of its economic crisis and welcomed US engagement in a number of areas.

The Chief Minister also emphasised how her government’s economic initiatives had reduced inflation.

That Maryam Nawaz and Donald Bloome are meeting for the second time is worth mentioning. It was before to her election as Punjab’s Chief Minister that the first meeting was held.

At Maryam Nawaz’s home in Murree, Senior Vice President of the Pakistan Muslim League-N, Donald Blome, the US Ambassador to Pakistan, had a meeting.

They talked on the value of cooperation in a number of sectors, including as commerce, the economy, security, peace, and regional stability, according to the details.

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