ISLAMABAD, July 16: The Election Commission of Pakistan (ECP) on Monday put off the hearing of the disqualification references against Pakistan Tehrik-i-Insaf (PTI) Chairman Imran Khan till July 25, asking the counsel for Mr Khan to submit a written statement on the next date.
Former Supreme Court Bar Association (SCBA) president Hamid Khan, who appeared on behalf of the PTI chief, told the tribunal that his client was not present in the country and, therefore, he should be allowed to submit the written statement after discussing it with Mr Khan on his return.
Members of the Muttahida Qaumi Movement (MQM) and Federal Minister for Parliamentary Affairs Dr Sher Afgan Niazi had submitted two separate but similar references against Mr Khan, seeking his disqualification under Articles 62 and 63 of the Constitution.
They alleged that Imran Khan did not fulfil the criteria of eligibility, as a member of parliament according to sections 99(1)(d), (e) and (f) of the Representation of the People’s Act of 1976 for having an illegitimate child.
The references were referred to the ECP by National Assembly Speaker Chaudhry Amir Hussain during the budget session last month, causing a strong protest from all the opposition parties.
Under the constitution, the ECP is required to take decision on a reference within 90 days of its receipt from the speaker. On the other hand, Mr Khan’s counsel Hamid Khan claimed that the 90-day period was recommendatory and not mandatory. He said it was true that he had sought time from the ECP to submit the reply but said that he did not want to delay the process.
He was of the view that a written statement was not required to be submitted in the first hearing. He said the election tribunal was also incomplete on Monday as one of the members, Justice Ahmed Lashari, could not reach the ECP from Quetta.
The tribunal comprises Chief Election Commissioner Justice (retd) Qazi Mohammad Farooq, Justice Nasim Sikandar of Lahore High Court and Justice Ahmed Lashari of the Balochistan High Court.
Barrister Habibur Rehman is representing the MQM and the federal minister in the references.
Federal Minister for Parliamentary Affairs Dr Sher Afgan and the MQM MNAs, including parliamentary leader Dr Farooq Sattar, Federal Minister for Communications Shamim Siddiqi, Syed Haider Abbas Rizvi, Iqbal Mohammad Ali Khan, former minister Syed Safwanullah and Abid Ali Umang, were present in the ECP during the first hearing.