LHC issues notice to ECP on Imran Khan's plea challenging disqualification in Toshakhana case
Justice Bilal said that the bench would first decide on the jurisdiction of the petition before it was formally heard.
Former prime minister Imran Khan (PTI)
ISLAMABAD: The Lahore High Court (LHC) on Friday issued notices to the Election Commission of Pakistan (ECP) on former Pakistan Prime Minister Imran Khan's plea challenging his five-year disqualification in the Toshakhana case, Pakistan-based Dawn reported. A bench headed by Justice Shahid Bilal Hassan and comprising Justice Shams Mahmood Mirza, Justice Shahid Karim, Justice Shehram Sarwar Chaudhry and Justice Jawad Hassan heard the plea.
During the court proceedings, Barrister Ali Zafar appeared in court on behalf of Imran Khan. Justice Bilal said that the bench would first decide on the jurisdiction of the petition before it was formally heard.
Justice Bilal asked about the lawyer who is representing the ECP. He was later informed that the ECP's lawyer was on leave. The judge then called it inappropriate to hear the case in the absence of the lawyer. During the court proceedings, Barrister Zafar said that the ECP had February 8 as the date for the general elections and highlighted the urgency of the petition, according to Dawn report.
Justice Mirza said, "Your client was elected from Mianwali." He directed, "How can the Islamabad High Court hear this case then? Present your arguments on this at the next hearing. Last week, the Islamabad High Court rejected Imran Khan's application to withdraw his appeal against disqualification in the Toshakhana reference. The court subsequently issued notices to the ECP and adjourned the hearing.
The bench also passed similar orders on a separate petition, filed by Imran Khan, challenging the cancellation of the PTI's intra-party polls held last year. The petitioner in the plea requested the LHC to declare that the intra-party elections conducted on June 10, 2022, were valid as per the party's constitution. Speaking to the reporters outside the Lahore High Court, Barrister Zafar said he hoped the issue will be resolved soon so that Imran Khan could contest in the upcoming polls.
On August 8, the ECP disqualified Imran Khan, presently incarcerated at Adiala Jail for five years, after he was convicted in the Toshakhana case for hiding details regarding the gifts he received as Pakistan's Prime Minister during his term. He was convicted after the Islamabad trial court found the former Pakistan PM guilty of "corrupt practices by not revealing the benefits he accrued from the national exchequer wilfully and intentionally, Dawn reported.
The court order stated, "He cheated while providing information of gifts he obtained from Toshakhana which later proved to be false and inaccurate. His dishonesty has been established beyond doubt." On August 29, the Islamabad Court suspended Imran Khan's sentence in the case.
Imran Khan in the petition filed earlier this month said the ECP, despite his clear explanations regarding the Toshakhana gifts, illegally de-seated him as Pakistan's Member of the National Assembly from Mianwali's NA-95 constituency and ordered that a complaint be registered against him under the Elections Act 2017, Dawn reported. Former Pakistan Tehreek-e-Insaf (PTI) chairman requested the court to set aside his disqualification for being illegal enabling him to contest in the polls, Dawn reported.
Last week, a senior judge of the high court referred the petition to a larger bench as it already had an identical matter related to the ECP proceedings against Imran Khan.
